International Protection Act 2015

PART 6

Appeals to Tribunal

Appeal to Tribunal

41. (1) An applicant may, in accordance with regulations under subsection (4) (if any), appeal to the Tribunal against—

(a) a recommendation, referred to in section 39 (3)(b), that an applicant should not be given a refugee declaration, or

(b) a recommendation, referred to in section 39 (3)(c), that an applicant should be given neither a refugee declaration nor a subsidiary protection declaration.

(2) An appeal under subsection (1) shall be brought by notice in writing—

(a) within such period from the date of the sending to the applicant of the notification under section 40 as may be prescribed under section 77 ,

(b) specifying, in writing, the grounds of appeal and indicating whether the applicant wishes the Tribunal to hold an oral hearing for the purpose of his or her appeal.

(3) On receipt of a notice under subsection (2), the Tribunal shall transmit a copy of the notice to the Minister and notify the High Commissioner of the making of the appeal.

(4) The Minister may, in consultation with the chairperson and having regard to the need to observe fair procedures, prescribe procedures for and in relation to appeals under subsection (1), including the holding of oral hearings.