Review by Tribunal of decision not to make an order under section 103D(3)6
1
A solicitor, or counsel instructed by a solicitor, may apply to the Tribunal in writing for a review of a decision by the Tribunal—
a
not to make an order under section 103D(3); or
b
to make a section 103D order under regulation 7(2).
2
An application under this regulation must be filed within 10 business days after the solicitor is served with the Tribunal’s decision, or such longer period as the Tribunal may allow.
3
A review shall be carried out by a senior immigration judge who was not the member of the Tribunal, or a member of the constitution of the Tribunal, which made the original decision.
4
The senior immigration judge may—
a
carry out the review without a hearing; or
b
hold an oral hearing, if one is requested by the solicitor or counsel.
5
The senior immigration judge may—
a
make an order under section 103D(3); or
b
confirm the Tribunal’s original decision.
6
The senior immigration judge must give reasons for his decision on a review.