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28D.—F2(1) Where an application for a departure direction has not failed, the Department shall—
F3(a)determine the application in accordance with the relevant provisions of, or made under, this Order; or
(b)refer the application to[F4 an appeal tribunal] for the tribunal to determine it in accordance with those provisions.
(2) For the purposes of paragraph (1), an application for aF5 departure direction has failed if—
(a)it hasF6 lapsed or been withdrawn;F6 or
(b)the Department has rejected it on completing a preliminary consideration under Article 28BF7.
F8(3) In dealing with an application for aF5 departure direction which has been referred to it under paragraph (1)(b),[F4 an appeal tribunal] shall have the same powers, and be subject to the same duties, as would the Department if it were dealing with the application.]
F2prosp. in pt. subst. 2000 c. 4 (NI)
F3see SR 2001/24 which am. and rep. for the purpose only of making regulations
F5prosp. in pt. subst. 2000 c. 4 (NI)
F6prosp. in pt. rep. by 2000 c. 4 (NI)
F7prosp. in pt. inserted by 2000 c.4 (NI)
F8prosp. in pt. added by 2000 c.4 (NI)
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