Article 33 Hearing of appeal in absence of appellant or other party
The appellate authority may, where in the circumstances of the case it appears proper so to do, hear an appeal in the absence of the appellant if satisfied that —
he is not in the United Kingdom;
he is suffering from a communicable disease or from a mental disorder;
by reason of illness or accident he cannot attend the hearing; or
it is impracticable to give him notice of the hearing and that no person is authorised to represent him at the hearing.
Without prejudice to paragraph (1) but subject to paragraph (3), the appellate authority may proceed with the hearing of an appeal in the absence of a party (including the appellant) if satisfied that, in the case of that party, such notice of the time and place of the hearing, or of the adjourned hearing, as is required by rules 14(2) and 18(3) or, in the case of a hearing before a special adjudicator, by rule 6 and rule 10(3), has been given.
The appellate authority shall proceed with the hearing in pursuance of paragraph (2) if the absent party has not furnished the authority with a satisfactory explanation of his absence.
Where in pursuance of this rule the appellate authority hears an appeal or proceeds with a hearing in the absence of the appellant or some other party, it may determine the appeal on such evidence as has been received.
For the purposes of this rule a reference to a party (including an appellant) includes a reference to his representative.