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PART IIIAPPEALS 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 may be brought only with the leave of the Tribunal.

(2) An application for leave 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 Form A2 which shall be —

(i)signed by the appellant or his representative; and

(ii)accompanied by the original or a copy of the special adjudicator’s determination together with all the grounds relied on.

(4) An application for leave shall be decided not later than 10 days after its receipt by the Tribunal.

(5) Where the Tribunal fails to decide any application for leave under this rule within the time prescribed, the application shall be deemed to have been granted.

(6) An application for leave shall be decided without a hearing unless the Tribunal considers that there are special circumstances which make a hearing necessary or desirable.

(7) When an application for leave has been decided, the Tribunal shall forthwith send to the parties to the appeal a notice recording its decision on 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 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 if he gives written notice to the Tribunal at any time during the course of an appeal that he wishes to be so treated.

Time within which appeal is to be decided

16.  Unless the time limit is extended under rule 41, every appeal under this Part shall be decided not later than 42 days after the date of service on the Tribunal of the appellant’s notice of appeal.

Deciding an appeal

17.—(1) 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.

(2) Unless it considers —

(a)that it is necessary in the interests of justice, and

(b)that it would save time and avoid expense

to remit the case to the same or another special adjudicator for determination by him in accordance with any directions given to him by the Tribunal, the Tribunal shall determine the appeal itself.

Adjournment of hearings

18.—(1) Subject to rule 16, the Tribunal shall not adjourn a hearing unless it is satisfied that an adjournment is necessary for the just disposal of the appeal.

(2) When considering whether an adjournment is necessary, the Tribunal shall have particular regard to the need to secure the just, timely and effective conduct of the proceedings.

(3) Where a hearing is adjourned, the Tribunal shall —

(a)consider whether further directions should be given under rule 23, and

(b)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

19.  The Tribunal shall record the decision on any appeal, and the reasons for it, 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.