PART 3Appeal to the Upper Tribunal

Appeals to the Upper Tribunal in relation to a decision made by the TRA16

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 State17

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 appeal18

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.