29. Rules 15 to 23, except for rule 23(2) and (3), and Part 5 of these Rules apply to the reconsideration of an appeal as they do to the initial determination of an appeal, and references in those rules to an appeal shall be interpreted as including proceedings for the reconsideration of an appeal.
30.—(1) When the other party to the appeal is served with an order for reconsideration, he must, if he contends that the Tribunal should uphold the initial determination for reasons different from or additional to those given in the determination, file with the Tribunal and serve on the applicant a reply setting out his case.
(2) The other party to the appeal must file and serve any reply not later than 5 days before the earliest date appointed for any hearing of or in relation to the reconsideration of the appeal.
(3) In this rule, “other party to the appeal” means the party other than the party on whose application the order for reconsideration was made.
31.—(1) Where an order for reconsideration has been made, the Tribunal must reconsider an appeal as soon as reasonably practicable after that order has been served on both parties to the appeal.
(2) Where the reconsideration is pursuant to an order under section 103A—
(a)the Tribunal carrying out the reconsideration must first decide whether the original Tribunal made a material error of law; and
(b)if it decides that the original Tribunal did not make a material error of law, the Tribunal must order that the original determination of the appeal shall stand.
(3) Subject to paragraph (2), the Tribunal must substitute a fresh decision to allow or dismiss the appeal.
(4) In carrying out the reconsideration, the Tribunal—
(a)may limit submissions or evidence to one or more specified issues; and
(b)must have regard to any directions given by the immigration judge or court which ordered the reconsideration.
(5) In this rule, a “material error of law” means an error of law which affected the Tribunal’s decision upon the appeal.
32.—(1) The Tribunal may consider as evidence any note or record made by the Tribunal of any previous hearing at which the appeal was considered.
(2) If a party wishes to ask the Tribunal to consider evidence which was not submitted on any previous occasion when the appeal was considered, he must file with the Tribunal and serve on the other party written notice to that effect, which must—
(a)indicate the nature of the evidence; and
(b)explain why it was not submitted on any previous occasion.
(3) A notice under paragraph (2) must be filed and served as soon as practicable after the parties have been served with the order for reconsideration.
(4) If the Tribunal decides to admit additional evidence, it may give directions as to—
(a)the manner in which; and
(b)the time by which,
the evidence is to be given or filed.
33.—(1) This rule applies where—
(a)the Tribunal has reconsidered an appeal following a section 103A application made by the appellant in relation to an appeal decided in England, Wales or Northern Ireland; and
(b)the appellant’s representative has specified that he seeks an order under section 103D of the 2002 Act for his costs to be paid out of the relevant fund.
(2) The Tribunal must make a separate determination (“the funding determination”) stating whether it orders that the appellant’s costs—
(a)in respect of the application for reconsideration; and
(b)in respect of the reconsideration,
are to be paid out of the relevant fund.
(3) The Tribunal must send the funding determination to—
(a)the appellant’s representative; and
(b)if the Tribunal has made an order under section 103D, the relevant funding body.
(4) Where the determination of the reconsidered appeal (“the principal determination”) is served in accordance with rule 23, the Tribunal must not send the funding determination to the appellant’s representative until—
(a)the respondent has notified the Tribunal under rule 23(5)(b) that it has served the principal determination on the appellant; or
(b)the Tribunal has served the principal determination on the appellant under rule 23(6).
(5) In this Rule—
(a)“relevant fund” means—
(i)in relation to an appeal decided in England or Wales, the Community Legal Service Fund established under section 5 of the Access to Justice Act 1999(1);
(ii)in relation to an appeal decided in Northern Ireland, the fund established under paragraph 4(2)(a) of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003(2); and
(b)“relevant funding body” means—
(i)in relation to an appeal decided in England or Wales, the Legal Services Commission;
(ii)in relation to an appeal decided in Northern Ireland, the Northern Ireland Legal Services Commission.