The Asylum Appeals (Procedure) Rules 1996

Evidence

27.—(1) In any proceedings on an appeal the Tribunal may receive as evidence the summary made in accordance with rule 43 of any evidence received —

(a) by the special adjudicator in the course of the proceedings to which the appeal relates, or

(b) by a special adjudicator to whom the appeal has been remitted in pursuance of paragraph (3)(c)(i) below.

(2) If any party to the appeal wishes to adduce evidence before the Tribunal further to that to be received in accordance with paragraph (1) above, he shall give notice in writing to that effect to the Tribunal indicating the nature of the evidence; and any such notice shall be given —

(a) in the case of the appellant, with the notice of appeal or as soon as practicable after notice of appeal is given or is deemed to have been given;

(b) in the case of any other party, as soon as practicable after he has been notified of the appeal.

(3) In any proceedings on an appeal —

(a) the Tribunal may, in its discretion, receive or decline to receive further evidence of which notice has been given in accordance with paragraph (2);

(b) if, to enable it to arrive at a proper determination of the appeal, the Tribunal requests the furnishing of further evidence relating to specified matters, it shall receive such further evidence;

(c) where such further evidence as is mentioned in sub-paragraph (a) or (b) falls to be received it shall be given, as the Tribunal may direct, either —

(i) orally, in which case the Tribunal may take the further evidence itself or remit the appeal to the same or another adjudicator for the taking of that evidence, or

(ii) in writing, in which case it shall be given in such manner and at such time as the Tribunal may require.