Regulation 18 Conduct and outcome of appealI1

In determining an appeal made under regulation 16 (appeals to the Upper Tribunal in relation to a decision made by the TRA) F1, 17 (appeals to the Upper Tribunal in relation to a determination F2or decision made by the Secretary of State) or 17A (appeals to the Upper Tribunal in relation to a decision made by the Secretary of State under the Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022), the Upper Tribunal must apply the same principles as would be applied by a court on an application for judicial review.

The Upper Tribunal may—

Where the Upper Tribunal sets aside the whole or part of a reconsidered decision or determination, it must refer the matter back to the TRA or the Secretary of State, as appropriate, with a direction that the TRA or the Secretary of State reconsider the reconsidered decision or determination and make a new decision in accordance with its ruling.