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Article 46 Hearing two or more proceedings togetherI1

United Kingdom

(1)

Where two or more appeals F1or applications are pending at the same time, the Commission may direct them to be heard together if—

(a)

some common question of law or fact arises in each of them;

(b)

they relate to decisions or action taken in respect of persons who are members of the same family; or

(c)

for some other reason it is desirable for the proceedings to be heard together.

(2)

Except where F2paragraph (3) applies, the Commission must give all the parties who would be entitled to attend the hearing of the proceedings an opportunity to make representations before hearing proceedings together under this rule.

F3(3)

Where two or more appeals which relate to decisions or action taken in respect of the same person are pending at the same time, the Commission must so far as is reasonably practicable hear the appeals together, unless to do so would cause unreasonable delay to any of the appeals.

Annotations

Textual amendments

F1

Words in rule 46(1) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 28(a) (with rule 35)

F2

Words in rule 46(2) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 28(b) (with rule 35)

F3

Rule 46(3) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 28(c) (with rule 35)

Commencement

I1

Rule 46 in force at 1.4.2003, see rule 1