S.L. 217.28 Art. 5Appeal from the age assessment.    S.L. 217.11.     S.L. 217.11.

(1) Any third-country national who feels aggrieved by a decision of the competent authority in relation to age determination pursuant to an age assessment, may file an appeal against the said decision before the Board in accordance with article 25A of the Act:

Provided that for the purposes of this regulation

"competent authority" shall mean the authority responsible for carrying out an age assessment in accordance with the Agency for the Welfare of

Asylum Seekers Regulations.

(2) The appellant or his legal representative shall file written submissions to the Board within ten (10) working days from the date of the notification of his intention to appeal in accordance with article 25A(7) of the Act.

(3) Upon receipt of the written submissions referred to in sub-regulation (2), the Board shall serve a copy of the said submissions on the competent authority which shall be given a period of ten (10) working days from the notification of such submissions to file its own submissions to the Board.

(4) The Board shall communicate its decision to the appellant or his legal representative and to the competent authority within ten

(10) working days from the date of receipt of the submissions of the competent authority in accordance with sub-regulation (3):

Provided that in exceptional and duly justified circumstances, the Board may extend the time period for its decision: Provided further that the conclusion of the entire procedure shall not exceed sixty (60) days.

(5) Where the competent authority has decided prima facie that the person concerned is an adult without undertaking an age assessment, it shall refer the decision for review by the Board. The Board shall conduct the review within five (5) working days from the date of receipt of the decision:

Provided that if the Board disagrees with the decision reached by the competent authority, it shall instruct the competent authority to carry out an age assessment in accordance with the

Agency for the Welfare of Asylum Seekers Regulations.