S.L. 420.1 Art. 5Procedures of the International Protection Appeals Tribunal. 4 [

(1) The International Protection Appeals Tribunal shall conduct its proceedings in accordance with the following procedures:

(a) in accordance with article 7(2) of the Act, an appeal under these regulations may be made to the Tribunal by the applicant and, or the Minister within two weeks from the notification on the applicant of the recommendation of the Chief Executive Officer to the Minister to accept or not the application;

(b) the Tribunal shall transmit a copy of the appeal received from the applicant to the Minister and Chief Executive Officer. Where the appeal is entered by the Minister a copy of the appeal shall be served on the applicant and the Chief Executive Officer;

(c) the Chief Executive Officer shall furnish the Tribunal with copies of any reports, documents or representations in writing submitted to him under article 8 of the Act and an indication in writing of the nature and source of any other information relating to the application which has come to his notice in the course of an investigation made by him;

(d) the Tribunal may, for the purposes of its functions under the Act, request the Chief Executive Officer to make such further inquiries and to furnish the Tribunal with such further information as it considers necessary within such period as it may specify;

(e) the Chief Executive Officer shall furnish the Tribunal with observations in writing concerning any matter arising on the grounds of appeal whenever so requested by the Tribunal and a copy of such observations shall be furnished to the applicant concerned and his legal representative;

(f) subject to the provisions of the proviso to paragraph

(h) and of paragraph (l), the Tribunal shall furnish the applicant concerned and his legal representative, if known, with copies of any written information and, or documentation that reasonably in the discretion of the Tribunal may be necessary for the applicant to fully present his case;

(g) an applicant may withdraw an appeal to the Tribunal by sending in a written and signed notice of withdrawal;

(h) the Tribunal shall, where appropriate, following a notice to the parties concerned, hold an oral hearing. The Tribunal shall normally hear only new evidence regarding which it is satisfied that such evidence was previously unknown or could not have been produced earlier when the case was first examined by the Chief Executive Officer. For the purposes of an oral hearing, if any, the Tribunal may -(PROCEDURES)

(i) direct in writing any person whose evidence is required by the Tribunal to attend before it on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his possession or control specified in the direction,

(ii) direct any such person to produce any specified document or thing in his possession or control, or

(iii) give any other directions for the purpose of an appeal that appear to the Tribunal reasonable and justified: Provided that subparagraphs (i) and (ii) shall not apply in the case of a document or thing relating to information as respects which the Minister or the Minister responsible for foreign affairs, as the case may be, directs that the information be withheld in the interest of national security or public policy;

(i) the Tribunal shall enable the applicant and the Chief Executive Officer or an authorised officer to be present at the hearing and present their case to the Tribunal in person or through a legal representative or other authorised person;

(j) the Tribunal shall, as the particular case may require, use its utmost endeavours to procure the attendance of an interpreter to assist at the hearings;

(k) subject to the provisions of paragraph (l), a witness whose evidence has been or is to be given before the Tribunal shall be entitled to the same privileges and immunities as a witness in a court;

(l) where information has been supplied to the Chief Executive Officer, by or on behalf of the government of another State in accordance with an undertaking, expressed or implied, that the information would be kept confidential, the information shall not, without the consent of the other State, be produced or further disclosed otherwise than in accordance with the undertaking;

(m) before deciding an appeal under this article, the Tribunal shall consider the following:

(i) the relevant notice of appeal made by the applicant and, or the Minister under article 7 of the Act;

(ii) the recommendation of the Chief Executive Officer to the Minister or, as may be appropriate, the relevant decision by the Chief Executive Officer in writing and the reasons supporting it made in terms of article 8(5) of the Act;

(iii) any observations made to the Tribunal by the S.L.420.01 (PROCEDURES)

Chief Executive Officer or the High Commissioner;

(iv) the evidence adduced and any representations made at an oral hearing, if any; and

(v) any documents, representations in writing or other information furnished to the Chief Executive Officer pursuant to article 8 of the Act;

(n) any decision of the Tribunal and the reasons therefor shall be communicated by the Tribunal to the applicant concerned, his legal representative, if known, the Chief Executive Officer, the Minister and the High Commissioner;

(o) minutes of each meeting of the Tribunal shall be kept by the Secretary and shall be confirmed by the Tribunal and signed by the Chairperson.

(2) Subject to the provisions under subregulation (1)(a) to (o), the Tribunal shall otherwise regulate its own procedure.