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The Asylum Appeals (Procedure) Rules 1996

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Deciding the appeal

9.—(1) Unless the time limit is extended under rule 41, a special adjudicator shall decide an appeal not later than 42 days after receiving the documents specified in rule 5(8).

(2) The period specified in paragraph (1) shall be 10 days in a case where the appeal relates to a certified claim, except a certified claim in which the appellant appeals under section 3 of the 1996 Act from outside the United Kingdom.

(3) Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(2) or after an application for judicial review, the special adjudicator shall decide the appeal within 42 days of receipt of the Tribunal’s determination or, as the case may be, of the appropriate court order.

In this paragraph “appropriate court order” means the order made on the application for judicial review or the order made on any appeal against that order.

(4) Except where an appeal is determined without a hearing in accordance with rule 35 or summarily in accordance with rule 36, a hearing shall be held to decide an appeal.

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