What decisions can the Appeal Body take?
The Appeal Body can take various types of decisions:
- the appeal is inadmissible (for example, due to lateness);
- the subject of the appeal is not valid (for example, because the security clearance has been granted in the meantime);
- the appeal is unfounded because the decision has been taken legally and the cited motives are not sufficient for justifying the refusal decision, withdrawal or negative security advice;
- the appeal is unfounded and the security clearance or security certificate must be granted (it is not the Appeal Body which grants the clearance or the certificate; the Appeal Body merely obliges the concerned authority to grant this clearance or certificate);
- the appeal against the negative security advice is valid and the Appeal Body issues positive security advice;
- the authority which refused or withdrew the security clearance must carry out an additional investigation (with regard to certain elements) and take a new decision within a specified period of time (this decision is only possible for a procedure in the context of a security clearance);
- the authority which has failed to complete the security clearance dossier within the legal time limit, is given an additional period of time to complete this (this decision is only possible for a procedure in the context of a security clearance);
- the decision to request security certificates or security advice in specific cases is confirmed or nullified.
The Appeal Body is obliged to provide the grounds for its decision and advice. However, it is possible that the applicant will not be informed of all the grounds of the decision. Since this notification may not include any information which, if communicated, could harm fundamental national interests, the protection of sources or the protection of the privacy of third parties.
The decisions of the Appeal Body are not open to any kind of appeal.