Article 5 Notice of appeal
Subject to paragraph (2), a person making an asylum appeal (“the appellant” ) shall give notice of appeal not later than 7 days after receiving notice of the decision against which he is appealing.
The time limit for giving notice of appeal shall be 2 days in a case where the following conditions are satisfied:
the appeal is made under section 8(1) of the 1993 Act (where the appellant was refused leave to enter the United Kingdom); and
the appeal relates to a certified claim; and
the appellant is in custody in the United Kingdom, and
there has been personal service on the appellant of the notice of the decision against which he is appealing.
Subject to paragraphs (4) and (5), notice of appeal shall be given by serving —
on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and
upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act,
Form A1 which shall be
signed by the appellant or his representative; and
accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision.
In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him.
In any case where an appellant appeals under section 3 of the 1996 Act from outside the United Kingdom this rule shall apply to the appeal subject to the following modifications:
paragraph (1) shall have effect as if, for the words from “7 days after” to the end, there were substituted “28 days after the departure of the ship, aircraft, through train or shuttle train in which the appellant left the United Kingdom.” ;
paragraph (3) shall have effect as if, for “Form A1”, there were substituted “Form A1(TC)” .
Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given in accordance with this rule is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated.
Upon receipt of the notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3).
Within 42 days of receipt of the notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to a special adjudicator and the appellant —
the documents specified in paragraph (3);
the original or copies of any notes of interview; and
the original or copies of any other document (except statutory materials) referred to in the decision being appealed,
and, in a case where the time limit specified above has not been complied with, the Secretary of State shall notify the appellant and the special adjudicator why it has not been complied with.
In this Rule “statutory materials” means any enactment or any provision made under an enactment, a convention or other provisions of a similar nature which are publicly available.