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.