The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019

PART 3 Appeal to the Upper Tribunal

Appeals to the Upper Tribunal in relation to a decision made by the TRA

16.—(1) Subject to the following paragraphs, any interested party may appeal to the Upper Tribunal for a review of a reconsidered decision in relation to an original decision listed in Schedule 1 to these Regulations.

(2) Where a reconsidered decision relates to an original decision referred to in paragraph 1 or 6 of Schedule 1 to these Regulations, only the applicant who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

(3) Where a reconsidered decision relates to an original decision referred to in paragraph 11, 22, or 33 of Schedule 1 to these Regulations, only an interested party who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

(4) Where a reconsidered decision relates to an original decision referred to in paragraph 21 of Schedule 1 to these Regulations, only the overseas exporter or relevant foreign government who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

(5) Where a reconsidered decision relates to an original decision referred to in paragraph 28 of Schedule 1 to these Regulations, only the importer who applied for reconsideration of that original decision may appeal to the Upper Tribunal for a review of that reconsidered decision.

(6) Where the TRA has rejected an application under regulation 11(1) or (5), only the applicant who applied for reconsideration may appeal to the Upper Tribunal for a review of that decision.

Appeals to the Upper Tribunal in relation to a determination made by the Secretary of State

17.—(1) An interested party may appeal to the Upper Tribunal for a review of a determination made by the Secretary of State listed in Schedule 2 to these Regulations.

(2) In Schedule 2 to these Regulations and for the purpose of paragraph (1)—

(a) Part 1 contains a list of determinations made under Schedule 4 or 5;

(b) Part 2 contains a list of determinations made under the Dumping and Subsidisation Regulations;

(c) Part 3 contains a list of determinations made under the Safeguards Regulations;

(d) Part 4 contains a determination made under these Regulations.

Conduct and outcome of appeal

18.—(1) In determining an appeal made under regulation 16 (appeals to the Upper Tribunal in relation to a decision made by the TRA) or 17 (appeals to the Upper Tribunal in relation to a determination made by the Secretary of State), the Upper Tribunal must apply the same principles as would be applied by a court on an application for judicial review.

(2) The Upper Tribunal may—

(a) dismiss the appeal; or

(b) set aside the whole or part of the reconsidered decision or the determination to which the appeal relates.

(3) Where the Upper Tribunal sets aside the whole or part of a reconsidered decision or determination, it must refer the matter back to the TRA or the Secretary of State, as appropriate, with a direction that the TRA or the Secretary of State reconsider the reconsidered decision or determination and make a new decision in accordance with its ruling.