# The Special Immigration Appeals Commission (Procedure) Rules 2003, Article 12: Hearing of appeal or application for review

Extent: E+W+S+N.I.

(1) Every appeal and 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 Act or section 104(4A) or (4B) of the 2002 Act or regulation 13(3) of the 2020 Regulations;
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) is withdrawn by the appellant;
(aa) the application for review is withdrawn by the appellant;
(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.
( 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.

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Source: https://www.legislation.gov.uk/uksi/2003/1034/article/12 (the official version)
Page: https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003/article-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.