Article 41 Hearing of appeal in absence of a party
The appellate authority may, where in the circumstances of the case it appears just so to do, hear an appeal in the absence of a party 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;
it is impracticable to give him notice of the hearing and that no person is authorised to represent him at the hearing; or
he has notified the appellate authority that he does not wish to attend 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 if satisfied that, in the case of that party, notice of the date, time and place of the hearing, or of the adjourned hearing, has been given in accordance with these Rules.
Where the absent party has not furnished the appellate authority with a satisfactory explanation of his absence, it shall proceed with the hearing in pursuance of paragraph (2).
Where in pursuance of this rule the appellate authority hears an appeal or proceeds with a hearing in the absence of a party, it shall determine the appeal on the evidence which has been received.
Any reference to a party in paragraphs (2) to (4) includes a reference to his representative.