Regulation 30 Appealing against a determination made under regulation 25, 26 or 27

(1)

Subject to paragraph (2), an applicant who has received notice under regulation 25(5), 26(7) or 27(7) that the applicant’s application has been unsuccessful may appeal to the High Court or, in Scotland, the Court of Session on the grounds that the determination—

(a)

is unlawful;

(b)

is irrational or unreasonable; or

(c)

has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.

(2)

No appeal may be brought unless the permission of the court has been obtained.

(3)

No application for such permission may be made after 28 days beginning with the date of the notice under regulation 25(5), 26(7) or 27(7) unless the court is satisfied that there was good reason for the failure of the applicant to seek permission before the end of that period.

(4)

An applicant who seeks permission to appeal must serve written notice of the application on the registrar within 7 days beginning with the date on which the application for permission was issued.

(5)

The court determining an appeal may—

(a)

dismiss the appeal; or

(b)

quash the determination.

(6)

Where the court quashes a determination it may refer the matter to the registrar with a direction to reconsider it and make a determination in accordance with the findings of the court.