Barring

4Appeals

(1)

An individual who is included in a barred list may appeal to the F1Upper Tribunal against—

F2(a)

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(b)

a decision under paragraph F32, 3, 5, F48, 9 or 11 of F5Schedule 3 to include him in the list;

(c)

a decision under paragraph 17 F6, 18 or 18A of that Schedule not to remove him from the list.

(2)

An appeal under subsection (1) may be made only on the grounds that F7DBS has made a mistake—

(a)

on any point of law;

(b)

in any finding of fact which it has made and on which the decision mentioned in that subsection was based.

(3)

For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4)

An appeal under subsection (1) may be made only with the permission of the F1Upper Tribunal.

(5)

Unless the F1Upper Tribunal finds that F7DBS has made a mistake of law or fact, it must confirm the decision of F7DBS .

(6)

If the F1Upper Tribunal finds that F7DBS has made such a mistake it must—

(a)

direct F7DBS to remove the person from the list, or

(b)

remit the matter to F7DBS for a new decision.

(7)

If the F1Upper Tribunal remits a matter to F7DBS under subsection (6)(b)—

(a)

the F1Upper Tribunal may set out any findings of fact which it has made (on which F7DBS must base its new decision); and

(b)

the person must be removed from the list until F7DBS makes its new decision, unless the F1Upper Tribunal directs otherwise.

F8(8)

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F8(9)

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F8(10)

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F8(11)

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