Article 25a Appeals: generalF1
An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Annex 2B.
Such an appeal may be made:
in all cases, by a person specified in the corresponding entry in column 2 of the table in Annex 2B;
in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country.
In determining such an appeal, the FTT:
must consider the decision appealed against afresh;
may take into account evidence that was not available to the Secretary of State.
The FTT may:
dismiss the appeal, or
if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Annex 2B.
Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:
the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that fresh decision and the reasons for that decision;
the provisions of this article, Article 25b and Annex 2B apply to the fresh decision made by the Secretary of State.
Annotations
Textual amendments
- F1
Arts. 25a, 25b inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), reg. 1(7), Sch. 4 Pt. 5