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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> H v Secretary of State for the Home Department (Afghanistan) [2003] UKIAT 00191 (17 November 2003) URL: http://www.bailii.org/uk/cases/UKIAT/2003/00191.html Cite as: [2003] UKIAT 00191, [2003] UKIAT 191 |
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APPEAL No. [2003]UKIAT 00191 H (Afghanistan)
IMMIGRATION APPEAL TRIBUNAL
Date of hearing: 25 March 2004
Date Determination notified: 17 November 2003
Before
MR G. WARR
DR H H STOREY
Between
H | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
DETERMINATION AND REASONS
"45.- (1) An adjudicator or the Tribunal may, subject to paragraphs (2) and (3) of this rule, determine an appeal without a hearing if –
(a) all the parties to the appeal consent;
(b) the party appealing against a relevant decision is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented;
(c) a party has failed to comply with a provision of these rules or a direction of the appellate authority, and the adjudicator or Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing; or
(d) the adjudicator or Tribunal is satisfied, having regard to the material before him or it and the nature of the issues raised, that the appeal can be justly determined without a hearing.
(2) Where paragraph (1)(c) applies and the appellant is the party in default, the adjudicator or Tribunal may dismiss the appeal without substantive consideration, if satisfied that it is appropriate to do so.
(3) Where paragraph (1)(d) applies, the adjudicator or Tribunal must not determine the appeal without a hearing without first giving the parties notice of his or its intention to do so, and an opportunity to make written representations as to whether there should be a hearing."
G. Warr
Chairman
17 November 2003