Article 12 Preliminary issues
When the respondent alleges that—
the appellant is not entitled to appeal—
by virtue of a provision of the 1999 Act specified by the respondent;
by virtue of a provision of Regulations made under section 2(2) of the European Communities Act 1972f1 and section 80 of the 1999 Act specified by the respondent;
by reason that a passport or other travel document, certificate of entitlement, entry clearance or work permit on which the appellant relies is a forgery or was issued to, and relates to, another person; or
by reason that notice of appeal has not been signed by the appellant or by his representative (if he has one) or, in the case of an appellant who is a minor or who is for any reason incapable of acting, by any person acting on his behalf; or
the notice of appeal was not given within the period specified by rule 6; the respondent shall send to the adjudicator with the documents required under rule 10, and to the appellant and his representative (if he has one), a written statement setting out the allegation, the reasons for it and any relevant facts relating to it.
The appellant may send a written statement in reply to the respondent’s statement given in accordance with paragraph (1) to the adjudicator and the respondent.
Where a written statement has been given in accordance with paragraph (1), the adjudicator may, and at the request of the respondent shall, determine the validity of the allegation as a preliminary issue.
At a hearing before the adjudicator in accordance with paragraph (3)—
the respondent shall be given an opportunity to explain the allegation contained in his statement and any matters relating to it; and
the appellant shall be given an opportunity to respond to the matters raised under sub-paragraph (a).
Where the adjudicator determines as a preliminary issue that the notice of appeal was not given within the period specified by rule 6, then, except where a deportation order is in force in respect of the appellant, the adjudicator may allow the appeal to proceed if he is satisfied that by reason of special circumstances, it is just to do so.
Where the adjudicator allows the appeal to proceed in accordance with paragraph (5), the notice of appeal shall be treated for all purposes as if it had been given in accordance with rule 6.
Annotations
Footnotes
- f1