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The Asylum Appeals (Procedure) Rules 1993

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Determination of appeal

9.—(1) Subject to rule 31, a special adjudicator shall determine an appeal not later than 42 days after receiving notice of the appeal.

(2) The period specified in paragraph (1) shall be 7 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).

(3) Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(3), the special adjudicator shall determine the appeal within 42 days of the appeal being so remitted.

(4) Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be determined by hearing unless—

(a)the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or

(b)the decision being appealed against has been withdrawn or reversed, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant.

(5) The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (4)(a) or (b).

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