Regulation 16 Appeals to the Upper Tribunal in relation to a decision made by the TRAI1

Subject to the following paragraphs, any interested party may appeal to the Upper Tribunal—

For the purposes of paragraph (1), an “appealable decision” is a determination or recommendation of the TRA which is listed in Part F24A, 5 or 6 of Schedule 1 to these Regulations.

Where a reconsidered decision relates to an original decision referred to in paragraph 1 or 6 of Schedule 1 to these Regulations, only the applicant who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

Where a reconsidered decision relates to an original decision referred to in paragraph 11, 22, F333 or 33C of Schedule 1 to these Regulations, only an interested party who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

Where a reconsidered decision relates to an original decision referred to in paragraph 21 of Schedule 1 to these Regulations, only the overseas exporter or relevant foreign government who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

Where a reconsidered decision relates to an original decision referred to in paragraph 28 of Schedule 1 to these Regulations, only the importer who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

Where the TRA has rejected an application under regulation 11(1) or (5), only the applicant who applied for reconsideration may appeal to the Upper Tribunal for a review of that decision.