§ 12. This Part applies to appeals to the Tribunal from the determination of a special adjudicator.
§ Leave to appeal
§ 13.—(1) An appeal shall be brought only with the leave of the Tribunal.
§ (2) An application for leave to the Tribunal shall be made not later than 5 days after the applicant 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 the Form prescribed in the Schedule to these Rules which shall be accompanied by the document (or copy of the document) recording the special adjudicator's determination.
§ (4) An application for leave shall be determined not later than 5 days after its receipt by the Tribunal.
§ (5) An application for leave may be determined without a hearing.
865§ (6) The Tribunal shall send to the parties to the appeal a notice recording the determination of 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.
§ (2) The Tribunal shall not later than 5 days after leave to appeal has been granted serve on the parties to the appeal a 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 asylum appeal.
§ (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 Tribunal at any time during the course of the appeal that he desires to be so treated.
§ Time within which appeal is to be determined
§ 16. Subject to rule 29, every appeal under this Part shall be determined not later than 42 days after the date of service on the Tribunal of the appellant's notice of appeal.
§ Determination of appeal
§ 17.—(1) Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be disposed of by hearing unless
- (a) the Tribunal is satisfied, having regard to the material before it or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or
- (b) the decision which was the subject of the asylum appeal has been withdrawn or reversed, and the Tribunal is satisfied that written notice of the withdrawal or reversal has been given to the appellant.
§ (2) The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (1) (a) or (b).
§ (3) Where the Tribunal considers it appropriate to do so, it may instead of determining the appeal, remit the case to a special adjudicator for determination by him in accordance with any directions given to him by the Tribunal.
§ Adjournment of hearings, personal attendance of appellant and promulgation of determination and reasons therefore
§ 18. Rules 10 and 11 of these Rules shall apply to this Part as they apply to Part II except that—
- (a) the references in those rules to "special adjudicator" shall be taken to be references to the Tribunal; and
- (b) the reference in rule 10(1) to rule 9(1) shall be taken to be a reference to rule 16.