§ Application of Part II
§ 4. This Part applies to asylum appeals to a special adjudicator.
§ Leave to appeal
§ 5. (1) Subject to paragraph (2), an application for the leave of a special adjudicator shall be made not later than 10 days after the applicant has received notice of the decision against which he wishes to appeal.
§ (2) The time specified in paragraph (1) shall be 2 days in a case where the application for leave relates to an appeal under section 8(1) of this Act and there has been personal service on the applicant of the notice of the decision.
§ (3) Subject to paragraph (4), an application for leave shall be made by serving upon—
- (a) in the case of an application relating to an appeal under section 8(1) or (4) of this Act, an immigration officer; and
- (b) in the case of an application relating to an appeal under section 8(2) or (3) of this Act, the Secretary of State,
§ (4) In any case where an applicant is in custody, service under paragraph (3) shall be upon the person having custody of him.
§ (5) Upon receipt of an application for leave, the immigration officer or Secretary of State (as the case may be) shall forthwith send to a special adjudicator that application (and the notice or copy accompanying it) together with the notes of interview and any documents upon which reliance was placed in reaching the decision.
§ (6) A special adjudicator shall determine an application for leave as soon as practicable and, in any event, not later than 5 days after receiving the documents referred to in paragraph (5).
§ (7) A special adjudicator shall determine an application for leave without a hearing.
§ (8) A special adjudicator shall send to the applicant and to the immigration officer or Secretary of State (as the case may be) a notice of his determination and, where leave to appeal is refused, the reasons for the refusal.
§ Notice of appeal
§ 6.—(1) The application for leave to appeal shall be deemed to be the appellant's notice of appeal.
§ (2) The special adjudicator shall not later than 5 days after leave to appeal has been granted serve on the appellant and on the immigration officer or (as the case may be) the Secretary of State a notice of the date, time and place fixed for the hearing.
§ (3) The notice of appeal may be varied or amplified by the appellant and served on the special adjudicator and on the immigration officer or (as the case may be) the Secretary of State not later than 5 days after he has received the notice that leave to appeal has been granted.
§ Response by Secretary of State
§ 7. Where the notice of appeal or any variation or amplification of that notice made pursuant to rule 6(3) discloses any new facts or matters in support of his asylum appeal not previously raised by the appellant, the Secretary of State may, not later than 5 days after the time provided for by 864 rule 6(3) has expired, serve on the appellant and on the special adjudicator a written statement relating to that new fact or matter.
§ Parties
§ 8.—(1) The parties to an appeal shall be the appellant and the Secretary of State.
§ (2) The United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the special adjudicator at any time during the course of the appeal that he desires to be so treated.
§ Determination of appeal
§ 9.—(1) Subject to rule 29, a special adjudicator shall determine an appeal not later than 42 days after leave to appeal has been granted.
§ (2) Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be determined by hearing unless—
- (a) the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or
- (b) the decision being appealed against has been withdrawn or reversed, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant.
§ (3) The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (2) (a) or (b).
§ Adjournment of hearings
§ 10.—(1) Subject to rule 9(1), a special adjudicator may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment.
§ (2) Where a hearing is adjourned, the special adjudicator shall 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 therefore
§ 11.—(1) Where the special adjudicator does not reserve the determination on the appeal, he shall pronounce the determination and the reasons therefor at the conclusion of the hearing, and shall send to every party to the appeal not later than 5 days after the conclusion a copy of the document recording the determination and reasons.
§ (2) Where the special adjudicator reserves the determination on the appeal, he shall not later than 5 days after the conclusion notify every party to the appeal of the determination and the reasons therefor by sending each party a copy of the document recording the determination and reasons.
§ (3) The determination on any appeal, and the reasons therefor, shall be recorded by the special adjudicator in a document signed by him.