International Protection Act 2026
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Withdrawal and deemed withdrawal of appeal | ||
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194. (1) An applicant may, at any time before the making by the Tribunal of its decision under section 195 in relation to his or her appeal, withdraw the appeal by sending a notice of withdrawal in writing to the Tribunal. | ||
(2) Where an applicant fails to attend an oral hearing at the date and time fixed for the hearing then, unless the applicant, not later than 3 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the oral hearing which the Tribunal considers reasonable in the circumstances, his or her appeal shall be deemed to be withdrawn.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 67 to cooperate, or | ||
(b) the Minister notifies the Tribunal that he or she is of the opinion that the applicant is in breach of paragraph (a), (b) or (c) of section 65 (2) or a requirement under section 184 , | ||
the Tribunal shall send to the applicant or his or her legal representative (if any) notice in writing of the opinion referred to in paragraph (a) or (b). | ||
(4) The Tribunal, in its notice under subsection (3), shall— | ||
(a) require the applicant to confirm in writing, within 2 weeks 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 67 to cooperate and to comply with any requirements under section 65 (2) or 184 that have been or may be imposed on him or her, and | ||
(c) inform the applicant of the consequences specified in subsection (5). | ||
(5) Where an 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 Determining Authority or the Minister, fails or continues to fail to comply with any of the obligations referred to in subsection (4)(b), | ||
his or her appeal shall be deemed to be withdrawn and subsection (6) shall apply accordingly. | ||
(6) Where an appeal is withdrawn or deemed to be withdrawn pursuant to this section— | ||
(a) the applicant shall not have the right to remain in the State, | ||
(b) any consideration of the appeal by the Tribunal shall be terminated, | ||
(c) section 193 shall not apply in respect of the appeal, and | ||
(d) the Tribunal, as soon as practicable, shall— | ||
(i) notify the applicant and his or her legal representative (if any) of the fact that the appeal is withdrawn or deemed to be withdrawn and of the reasons for it, | ||
(ii) notify the Determining Authority 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) A notification under subsection (6)(d)(i) shall be in a language that the applicant understands or is reasonably supposed to understand. |