Barring
C2C1C34Appeals
I21
An individual who is included in a barred list may appeal to the F1Upper Tribunal against—
a
a decision under paragraph 2 or 8 of Schedule 3 not to remove him from the list;
b
a decision under paragraph 3, 5, 9 or 11 of that Schedule to include him in the list;
c
a decision under paragraph 17 or 18 of that Schedule not to remove him from the list.
I22
An appeal under subsection (1) may be made only on the grounds that IBB has made a mistake—
a
on any point of law;
b
in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
I23
For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
I24
An appeal under subsection (1) may be made only with the permission of the F1Upper Tribunal.
I25
Unless the F1Upper Tribunal finds that IBB has made a mistake of law or fact, it must confirm the decision of IBB.
I26
If the F1Upper Tribunal finds that IBB has made such a mistake it must—
a
direct IBB to remove the person from the list, or
b
remit the matter to IBB for a new decision.
I27
If the F1Upper Tribunal remits a matter to IBB under subsection (6)(b)—
a
the F1Upper Tribunal may set out any findings of fact which it has made (on which IBB must base its new decision); and
b
the person must be removed from the list until IBB makes its new decision, unless the F1Upper Tribunal directs otherwise.
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F2I211
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