The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

• (a) where rule 9(1) applies, not later than 2 working days after the day on which the hearing of the appeal was concluded; or

• (b) in any other case, not later than 2 working days after the day on which the appeal was decided.

PART 3 — Appeals to the Upper Tribunal

Time limit for making an application for permission to appeal

11

An application for permission to appeal to the Upper Tribunal must be provided to the Tribunal so that it is received no later than 3 working days after the date on which the party making the application was provided with the notice of decision.

PART 4 — General Provisions

Adjournment

12

Unless the Tribunal makes an order under rule 14, the Tribunal may postpone or adjourn the hearing of the appeal only where the Tribunal is satisfied that—

• (a) the appeal could not justly be decided if the hearing were to be concluded on the date fixed under the Fast Track Rules; and

• (b) there is an identifiable future date, not more than 10 working days after the date so fixed, upon which the Tribunal can conclude the hearing and justly decide the appeal within the timescales provided for in the Fast Track Rules.

Correction of errors and determinations

13

Where a notice of decision is amended under the Principal Rules, the Tribunal must, not later than one working day after making the amendment, provide an amended version to every party to whom it provided the original.

PART 5 — Transfer Out of Fast Track

Transfer out of fast track

14

• (1) Where the Fast Track Rules apply to an appeal or application, the Tribunal must order that the Fast Track Rules shall cease to apply—

• (a) if all the parties consent; or

• (b) if the Tribunal is satisfied that the case cannot justly be decided within the timescales provided for in the Fast Track Rules.

• (2) When making an order under paragraph (1), the Tribunal may, notwithstanding rule 1(5) or (6) of the Fast Track Rules or the application of the Principal Rules—

• (a) postpone or adjourn any hearing of the appeal or application; and

• (b) give directions in relation to the conduct of the proceedings.

Signed

We make these Rules,

Brian F J Langstaff — Michael J Reed — Simon Cox — Simon Ennals — W B Thompson — Mark Rowland — Philip Brook Smith QC — Jayam Dalal — 2014-09-24

I allow these Rules,

Signed by the authority of the Lord Chancellor

Edward Faulks — Minister of State — 2014-09-24

Explanatory note

(This note is not part of the Rules)

Footnotes

Editorial notes

Power to vary bail conditions

41A

• (1) Subject to paragraph (2), where bail is granted by the Tribunal, the Tribunal may direct that the Secretary of State has the power to amend or remove bail conditions or impose new bail conditions.

• (2) The Tribunal may not give a direction under paragraph (1) without first giving the bail party and any other person subject to a financial condition an opportunity to make representations.

• (3) Where the Tribunal has made a direction under paragraph (1), it may not amend or remove bail conditions or impose new bail conditions in relation to the bail party.

Financial conditions

Release of bail party

Application of this Part to Scotland

Coronavirus temporary rule (decisions without a hearing)

4A

• (1) Notwithstanding anything in rule 25 (consideration of decision with or without a hearing) and rule 39 (bail hearings), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.

• (2) The conditions are—

• (a) the matter is urgent;

• (b) it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and

• (c) it is in the interests of justice to do so.

• (3) This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.

Procedure for applying for and giving directions

Failure to comply with rules etc

Striking out of an appeal for non-payment of fee and reinstatement

Substitution and addition of parties

Orders for payment of costs and interest on costs (or, in Scotland, expenses)

Representatives

Calculating time

Sending, delivery and language of documents

Use of documents and information

Evidence and submissions

Summoning or citation of witnesses and orders to answer questions or produce documents

Appeal treated as abandoned or finally determined

Withdrawal

Certification of pending appeal

Coronavirus temporary rule (recording of remote hearings)

27A

• (1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

• (2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

• (3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

• (a) held in private under rule 27(2A); or

• (b) only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.

• (4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.

Hearing in a party's absence

Appeal treated as abandoned ...

Providing contact details

12A

• (1) An appellant must provide the Tribunal with—

• (a) the postal address at which they are living, if they have one; and

• (b) their email address, if they have one.

• (2) The Tribunal must be notified of any change to the details provided under paragraph (1) as soon as reasonably practicable.

• (3) If the appellant has a representative, the representative shall take all reasonable steps to ensure that the appellant complies with paragraphs (1) and (2).

• (4) If the respondent decides to remove or deport an appellant from the United Kingdom whilst proceedings before the Tribunal, including any application for permission to appeal, are pending the respondent must inform the Tribunal of that fact and take all reasonable steps before any removal or deportation—

• (a) to obtain from the appellant an email address and postal address in the country to which it is intended to remove or deport the appellant to which correspondence may be sent to the appellant; and

• (b) to provide that information to the Tribunal and to the appellant’s representative, if they have one, as soon as reasonably practicable and in any event before removal or deportation.

Use of documents and information

Evidence and submissions

Summoning or citation of witnesses and orders to answer questions or produce documents

Appeal treated as abandoned ...

Withdrawal

Certification of pending appeal

Further Steps

24A

• (1) If the appellant is represented, upon the respondent complying with rule 23(2) or rule 24(1), as the case may be, the appellant must provide the Tribunal with—

• (a) an appeal skeleton argument which complies with any relevant practice direction; and

• (b) copies of the evidence relied upon in the appeal skeleton argument, insofar as that evidence is not already contained in the documents provided by the respondent under rule 23(2) or rule 24(1).

• (2) The documents in paragraph (1) are to be provided to the Tribunal within 28 days after the respondent complies with rule 23(2) or rule 24(1), as the case may be, or within 42 days after the notice of appeal is provided to the Tribunal, whichever is later.

• (3) The respondent must no later than 14 days after compliance with paragraph (1) provide to the Tribunal and the appellant a written statement which complies with any relevant practice direction, of whether the respondent opposes all or part of the appellant’s case and if so the grounds for such opposition.

• (4) A practice direction may disapply the requirement in paragraph (1) in a specified category of case.