Article 15 Method of determining appeal

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Rules revoked by Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) 2014 rule 45 Table 1
Rules modified by Transfer of Functions of the Asylum and Immigration Tribunal 2010 art. 4
rule 15(2)(aa) inserted by Tribunal Procedure 2011 rule 9(a)
rule 15(2)(b) substituted for 15(2)(b)(ba) by Tribunal Procedure 2011 rule 9(b)
rule 15(2)(c) words omitted by Tribunal Procedure 2011 rule 9(c)
rule 15(2)(e) and word inserted by Tribunal Procedure 2011 rule 9(d)
rule 15(2)(ba) inserted by Asylum and Immigration Tribunal (Procedure) 2008 rule 4(a)
rule 15(2)(c) words inserted by Asylum and Immigration Tribunal (Procedure) 2008 rule 4(b)

(1)

Every appeal must be considered by the Tribunal at a hearing, except where—

(a)

the appeal—

(i)

lapses pursuant to section 99 of the 2002 Act;

(ii)

is treated as abandoned pursuant to section 104(4) of the 2002 Act;

(iii)

is treated as finally determined pursuant to section 104(5) of the 2002 Act; or

(iv)

is withdrawn by the appellant or treated as withdrawn in accordance with rule 17;

(b)

paragraph (2) of this rule applies; or

(c)

any other provision of these Rules or of any other enactment permits or requires the Tribunal to dispose of an appeal without a hearing.

(2)

The Tribunal may determine an appeal without a hearing if—

(a)

all the parties to the appeal consent;

(b)

the appellant is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented;

(c)

a party has failed to comply with a provision of these Rules or a direction of the Tribunal, and the Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing; or

(d)

subject to paragraph (3), the Tribunal is satisfied, having regard to the material before it and the nature of the issues raised, that the appeal can be justly determined without a hearing.

(3)

Where paragraph (2)(d) applies, the Tribunal must not determine the appeal without a hearing without first giving the parties notice of its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.