1. Time frame for instituting an appeal

(1) An appeal under section 11 may be instituted:

• (a) within a period of 28 days after the date of the decision, including by way of a Decision Notice issued by the AFSA, and
• (b) by serving a Claim Form on the AFSA, in accordance with the service provisions of the AIFC Court Rules, stating the grounds and material facts on which the appellant relies.

(2) An appeal does not operate as a stay of the decision being appealed.

2. Power of AIFC Court to dismiss appeal for want of prosecution

(1) The AFSA may, where an appeal under section 11 has been instituted, apply to the AIFC Court, for an order that the appeal be dismissed for want of prosecution; and on hearing the application the AIFC Court may:

• (a) dismiss the appeal or dismiss the application (in either case on such terms and conditions as the AIFC Court may direct), or
• (b) make such other order as the AIFC Court considers just.

(2) The provisions of this paragraph are without prejudice to the AIFC Court Regulations, the AIFC Court Rules and the inherent powers of the AIFC Court.

3. Power of AIFC Court to set aside or confirm decision

On an appeal under section 11 the AIFC Court may:

• (a) set the decision of the AFSA aside and, if the AIFC Court considers it appropriate to do so, remit the matter to the AFSA with such directions as the AIFC Court thinks fit;
• (b) confirm the decision, in whole or in part;
• (c) suspend or modify the operation of the decision on such terms as the AIFC Court thinks just, pending the determination of the appeal.

4. Appeal of decision to publish a statement to be held in private

(1) An appeal against a decision to publish a statement in respect of a Person will be held in private unless:

• (a) the parties agree that all or part of the hearing should be held in public, or
• (b) the AIFC Court so orders.

(2) Where an appeal against a decision to publish a statement is upheld the AFSA will, if the appellant so requests, publish a statement of that fact.