The Asylum Appeals (Procedure) Rules 1993

PART III APPEALS TO TRIBUNAL FROM SPECIAL ADJUDICATOR

Application of Part III

12.  This Part applies to appeals to the Tribunal from the determination of a special adjudicator.

Leave to appeal

13.—(1) An appeal shall be brought only with the leave of the Tribunal.

(2) An application for leave to the Tribunal shall be made not later than 5 days after the person making it (“the appellant”) has received notice of the determination against which he wishes to appeal.

(3) An application for leave shall be made by serving upon the Tribunal the Form prescribed in the Schedule to these Rules (Form A2) which shall be accompanied by the document (or copy of the document) recording the special adjudicator’s determination.

(4) An application for leave shall be determined not later than 5 days after its receipt by the Tribunal.

(5) An application for leave shall be determined without a hearing unless the Tribunal considers that there are special circumstances making a hearing necessary or desirable.

(6) When an application for leave has been determined, the Tribunal shall forthwith send to the parties to the appeal a notice recording the determination of the application for leave and, where leave to appeal is refused, the reasons for the refusal.

Notice of appeal

14.—(1) The application for leave to appeal shall be deemed to be the appellant’s notice of appeal and may (as such a notice of appeal) be varied by the appellant with the leave of the Tribunal.

(2) The Tribunal shall not later than 5 days after leave to appeal has been granted serve on the parties to the appeal a notice of the date, time and place fixed for the hearing.

Parties

15.—(1) The parties to an appeal shall be the persons who were the parties to the appeal before the special adjudicator.

(2) Where he would not otherwise be a party by virtue of paragraph (1), the United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the Tribunal at any time during the course of the appeal that he desires to be so treated.

Time within which appeal is to be determined

16.  Subject to rule 31, every appeal under this Part shall be determined not later than 42 days after the date of service on the Tribunal of the appellant’s notice of appeal.

Determination of appeal

17.—(1) Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be disposed of by hearing unless—

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

(b) the decision which was the subject of the asylum appeal has been withdrawn or reversed, and the Tribunal is satisfied that written notice of the withdrawal or reversal has been given to the appellant.

(2) The Tribunal shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (1)(a) or (b).

(3) Where the Tribunal considers it appropriate to do so, it may instead of determining the appeal, remit the case to a special adjudicator for determination by him in accordance with any directions given to him by the Tribunal.

Adjournment of hearings

18.—(1) Subject to rule 16, the Tribunal may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment.

(2) Where a hearing is adjourned, the Tribunal shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.

Promulgation of determination and reasons therefor

19.  The Tribunal shall record the determination on any appeal, and the reasons therefor, and shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons.