The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003

Determining the appeal

14.—(1) This rule applies where the Tribunal grants permission to appeal under rule 18 of the Principal Rules.

(2) The Tribunal must, having regard to any written representations made by the parties, decide whether to—

(a) determine the appeal without a hearing in accordance with rule 45(1) of the Principal Rules; or

(b) fix a hearing.

(3) If the Tribunal decides to determine an appeal without a hearing, it must determine it—

(a) at the same time as granting permission to appeal; or

(b) as soon as practicable afterwards.

(4) If the Tribunal fixes a hearing—

(a) the hearing date must be not later than 2 days after the grant of permission to appeal, or as soon as practicable thereafter if the appellate authority is unable to arrange the hearing within that time; and

(b) the appellate authority must serve notice of the date, time and place of the hearing on—

(i) every party; and

(ii) subject to rule 21, any representative acting for a party,

not later than noon on the day before the hearing.

(5) The Tribunal may only adjourn the hearing of an appeal only where—

(a) it is necessary to do so because there is insufficient time to hear the appeal;

(b) a party has not been served with notice of the hearing in accordance with these Rules;

(c) the Tribunal is satisfied by evidence filed or given by or on behalf of a party that—

(i) the appeal cannot be justly determined on the date on which it is listed for hearing; and

(ii) there is an identifiable future date, not more than 10 days after the date on which the appeal is listed for hearing, by which the appeal can be justly determined; or

(d) the Tribunal makes an order under rule 23.

(6) The appellate authority must serve the Tribunal’s written determination of the appeal upon—

(a) every party; and

(b) subject to rule 21, any representative acting for a party,

not later than one day after the day on which the hearing of the appeal finishes, or the Tribunal determines the appeal without a hearing.