Customs Decisions in relation to authorisations and approvals: Adverse decision and the right to review and appeal
If, following Right To Be Heard detailed in section CAA02100, the authorisation or approval is to be rejected (not to be granted) the adverse decision shall be notified to the applicant.
In accordance with Article 22(7) of the Code the adverse decision must set out the grounds on which it is based and include details of the applicants’ right to review and appeal.
It should be noted that any decision which has an adverse impact must follow the RTBH and adverse decision procedures. This does not just mean outright rejection of an application, it would also include, for example:
· A rejection of a request to amend an authorisation,
· Extra conditions outside of the standard terms and conditions imposed on an economic operator to address specific weaknesses or risk, or
· In the case of comprehensive guarantee application a decision to allow, for example a 50% guarantee reduction rather than an outright waiver (0%).
A template letter, including a standard paragraph relating to reviews and appeals, can be found in section CAA11060.
Further guidance on departmental reviews and independent appeal process may be found on GOV.UK at: HM Revenue & Customs decisions, what to do if you disagree.
A copy of the adverse decision letter must be attached to the original application and retained within the economic operator’s file.