OpenLegislation

Article 12 Hearing of appeal or application for reviewF10I1

United Kingdom

F1(1)

Every appeal F2and every application for review must be determined at a hearing before the Commission, except where—

(a)

the appeal—

(i)

is treated as abandoned pursuant to section 2(4) of the 1997 Actf1 or F3section F4104(4A) or (4B) of the 2002 Actf2 F5or regulation 13(3) of the 2020 Regulations;

F6(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

is withdrawn by the appellant;

F7(aa)

the application for review is withdrawn by the appellant;

F8(b)

the Secretary of State consents to—

(i)

the appeal being allowed; or

(ii)

the granting of the order or the relief sought in an application for review; or

(c)

the appellant is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.

F9( 2)

A party to an appeal under the 2020 Regulations must notify the Commission if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.

(3)

Where an appeal would otherwise be treated as abandoned under regulation 13(3) of the 2020 Regulations but the appellant wishes to pursue their appeal, the appellant must provide a notice to the Commission and to each other party within the relevant period.

(4)

For the purposes of paragraph (3), “the relevant period” is the period of 28 days beginning with the day on which the appellant was sent notice of the grant of leave to enter or remain in the United Kingdom.

Annotations

Textual amendments

F1

Rule 12 renumbered as rule 12(1) (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(6)(a)

F2

Words in rule 12 inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 25(a)

F3

Words in rule 12(a)(i) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 12 (with rule 35)

F4

Words in rule 12(a)(i) substituted (14.4.2015) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 8(a)

F5

Words in rule 12(1)(a)(i) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(6)(b)

F6

Rule 12(a)(ii) omitted (14.4.2015) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2015 (S.I. 2015/867), rules 1(1), 8(b)

F7

Rule 12(aa) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 25(b)

F8

Rule 12(b) substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 25(c)

F9

Rule 12(2)-(4) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(6)(c)

F10

Words in rule 12 heading inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 24

Commencement

I1

Rule 12 in force at 1.4.2003, see rule 1

Footnotes

f1

1997 c. 68. Section 2 is substituted by paragraph 20 of Schedule 7 to the 2002 Act.

f2

2002 c. 41. Section 104(4) applies in relation to an appeal to the Commission against an immigration decision by virtue of section 2(2)(j) of the 1997 Act as substituted by paragraph 20 of Schedule 7 to the 2002 Act.

Notes on Part 2

Textual amendments

F1

Pt. 2 heading substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 5