{
  "url": "https://openlegislation.uk/immigration-and-asylum-appeals-procedure-rules-2000/article-43",
  "json_url": "https://openlegislation.uk/immigration-and-asylum-appeals-procedure-rules-2000/article-43.json",
  "legislation": "uksi/2000/2333",
  "legislation_title": "The Immigration and Asylum Appeals (Procedure) Rules 2000",
  "legislation_url": "https://openlegislation.uk/immigration-and-asylum-appeals-procedure-rules-2000",
  "path": "article/43",
  "kind": "article",
  "number": "43",
  "heading": "Determination without hearing",
  "text": "(1) An appeal may be determined without a hearing under this rule if—\n(a) the appellate authority has decided, after giving every other party an opportunity of replying to any representations submitted in writing by or on behalf of the appellant, to allow the appeal;\n(b) the appellate authority is satisfied that the appellant, except where the appellant is the Secretary of State or an officer, is outside the United Kingdom or that it is impracticable to give him notice of a hearing and, in either case, that no person is authorised to represent him at a hearing;\n(c) a preliminary issue has arisen under rule 12 and, the appellant having been given an opportunity to submit a written statement rebutting the respondent’s allegation—\n(i) the appellant has not submitted such a statement, or\n(ii) the appellate authority is of the opinion that matters put forward by the appellant in such a statement do not warrant a hearing;\n(d) the appellate authority is satisfied, having given every party an opportunity to make representations and having regard to—\n(i) the material before it; and\n(ii) the nature of the issues raised;\nthat the appeal could be so disposed of justly;\n(e) no party has requested a hearing; or\n(f) the appellate authority is proceeding in accordance with rule 33(2)(b).\n(2) Where, in a family visitor appeal, the appellant has not paid the fee for a hearing at the time he made the appeal, the appellate authority shall determine the appeal without a hearing.\n(3) The appellate authority shall send written notice of the determination to—\n(a) every party; and\n(b) every party’s representative, except where the representative is acting for the Secretary of State, an officer or the United Kingdom Representative of the United Nations High Commissioner for Refugees.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2000/2333/article/43",
    "retrieved_at": "2026-10-29T08:31:31.708773+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}