PART 2 U.K.APPEALS TO THE COMMISSION UNDER THE 1997 ACT

Hearing of appeal U.K.

12.  Every appeal 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(1) or section 104(4) of the 2002 Act(2);

(ii) is treated as finally determined pursuant to section 104(5) of the 2002 Act(3); or

(iii) is withdrawn by the appellant;

(b) the Secretary of State consents to the appeal being allowed; 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.

Commencement Information

I1 Rule 12 in force at 1.4.2003, see rule 1

(1)

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

(2)

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.

(3)

2002 c. 41. Section 104(5) 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.