International Protection Act 2015

45.

Withdrawal and deemed withdrawal of appeal to Tribunal

45.      (1) An applicant may, at any time before the making by the Tribunal of its decision under section 46 in relation to the appeal, withdraw his or her appeal to the Tribunal by sending notice of withdrawal to the Tribunal.

(2) Where an applicant fails, without reasonable cause, to attend an oral hearing at that date and time fixed for the hearing then, unless the applicant, not later than 3 working days from that date, furnishes the Tribunal with an explanation for not attending the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.

(3) Where—

(a) in the opinion of the Tribunal an applicant has failed, or is failing, in his or her duty under section 27 to co-operate, or

(b) the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of paragraph (a), (c) or (d) of section 16(3) ,

the Tribunal shall send to the applicant or his or her legal representative (if known) written notice of that opinion.

(4) The Tribunal, in the notice under subsection (3), shall also—

(a) require the applicant to confirm in writing, within 10 working days of the date of the notice, that he or she wishes to continue with his or her appeal,

(b) remind the applicant of his or her duty under section 27 to co-operate and to comply with any requirements that have been or may be imposed on him or her under paragraph (a), (c) or (d) of section 16(3) , and

(c) include a statement of the consequences specified in subsection (5).

(5) The consequences referred to in subsection (4)(c) are that an applicant’s appeal shall be deemed to be withdrawn, and that subsection (6) shall apply accordingly, if the applicant—

(a) does not furnish the confirmation referred to in subsection (4)(a), or

(b) having furnished such a confirmation, in the opinion of the Tribunal or, as the case may be, in the opinion of the Minister, fails or continues to fail to comply with any of the obligations referred to in subsection (4)(b).

(6) Where an appeal is withdrawn or deemed to be withdrawn pursuant to this section—

(a) any consideration of that appeal by the Tribunal shall be terminated,

(b) section 46 shall not apply in respect of that appeal,

(c) subsection (2)(b) or, as the case may be, (5)(c) of section 47 shall apply,

(d) the Tribunal, as soon as practicable, shall—

(i) notify the applicant and his or her legal representative (if known) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it,

(ii) notify the Minister of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, and

(iii) inform the High Commissioner of the fact that the appeal is withdrawn or deemed to be withdrawn.

(7) The notification under subsection (6)(d)(i) shall, when sent to the applicant, be in a language that he or she may reasonably be supposed to understand, where—

(a) he or she is not assisted or represented by a legal representative, and

(b) legal assistance is not available to him or her.