Contents
Part 1 · Introduction
Article 1Citation, commencement, application and interpretation#
(2)They apply to proceedings before the Immigration and Asylum Chamber of the First-tier Tribunal.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In these Rules—• “the 1999 Act” means the Immigration and Asylum Act 1999 note;• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;• “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 note;• note...• “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;• “the 2020 Regulations” means the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020;• “appealable decision” means a decision from which there is a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal;• “appellant” means a person who has provided a notice of appeal to the Tribunal against an appealable decision in accordance with these Rules;• “appointment” means (except in rule 10(5)), a case management meeting conducted by a member of the Tribunal’s staff authorised to carry out functions of a judicial nature pursuant to rule 3(2), held for the purpose of carrying out any of those functions;• “asylum claim” has the meaning given in section 113(1) of the 2002 Act;• “certificate of fee satisfaction” means a certificate of fee satisfaction issued by the Lord Chancellor under article 8 of the Fees Order;• “decision maker” means the maker of a decision against which an appeal is brought;• “dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;• “document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;• note...• “the Fees Order” means the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 note;• “hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;• “the Immigration Acts” means the Acts referred to in section 61 of the UK Borders Act 2007 note;• “party” means—(a) an appellant or respondent to proceedings;(b) a party to a bail application as provided for in rule 37(3) and 37(4); and(c) the UNHCR where notice has been given to the Tribunal in accordance with rule 8(3);• “practice direction” means a direction given under section 23 of the 2007 Act;• “qualified representative” means a person who is a qualified person in accordance with section 84(2) of the 1999 Act;• “respondent” means—(a) the decision maker specified in the notice of decision against which a notice of appeal has been provided; and(b) a person substituted or added as a respondent in accordance with rule 8.• “Tribunal” means the First-tier Tribunal;• “the UNHCR” means the United Kingdom Representative of the United Nations High Commissioner for Refugees; and• “working day” means any day except—(a) a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 note; and(b) 27th to 31st December inclusive.
(5)A rule or Part referred to by number alone, means a rule in, or Part of, these Rules.
Article 2Overriding objective and parties' obligation to co-operate with the Tribunal#
(1)The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2)Dealing with a case fairly and justly includes—
(a)dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;
(b)avoiding unnecessary formality and seeking flexibility in the proceedings;
(c)ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
(d)using any special expertise of the Tribunal effectively; and
(e)avoiding delay, so far as compatible with proper consideration of the issues.
(3)The Tribunal must seek to give effect to the overriding objective when it—
(a)exercises any power under these Rules; or
(b)interprets any rule or practice direction.
Part 2 · General Powers and Provisions
Article 3Delegation to staff#
(2)Staff appointed under section 40(1) of the 2007 Act (tribunal staff and services) or section 2(1) of the Courts Act 2003 (court officers, staff and services) may, if authorised by the Senior President of Tribunals under paragraph 3(3) of Schedule 5 to the 2007 Act, carry out functions of a judicial nature permitted or required to be done by the Tribunal.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 4Case management powers#
(1)Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.
(2)The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.
(3)In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may—
(a)extend or shorten the time for complying with any rule, practice direction or direction;
(b)consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues;
(e)provide for a particular matter to be dealt with as a preliminary issue;
(f)hold a hearing or appointment to consider any matter, including a case management issue;
(g)decide the form of any hearing or appointment;
(h)adjourn or postpone a hearing or appointment;
(j)stay (or, in Scotland, sist) proceedings;
Article 4ACoronavirus temporary rule (decisions without a hearing)#
(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.
Article 5Procedure for applying for and giving directions#
(1)The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.
(2)An application for a direction may be made—
(a)by sending or delivering a written application to the Tribunal; or
(b)orally during the course of a hearing.
(3)An application for a direction must include the reason for making that application.
Article 6Failure to comply with rules etc#
(1)An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction does not of itself render void the proceedings or any step taken in the proceedings.
(2)If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may take such action as it considers just, which may include—
(a)waiving the requirement;
(b)requiring the failure to be remedied; or
(c)exercising its power under paragraph (3).
(3)The Tribunal may refer to the Upper Tribunal, and ask the Upper Tribunal to exercise its power under section 25 (supplementary powers of Upper Tribunal) of the 2007 Act in relation to, any failure by a person to comply with a requirement imposed by the Tribunal—
(a)to attend at any place for the purpose of giving evidence;
(b)otherwise to make themselves available to give evidence;
(c)to swear an oath in connection with the giving of evidence;
(d)to give evidence as a witness;
(e)to produce a document; or
(f)to facilitate the inspection of a document or any other thing (including any premises).
Article 7Striking out of an appeal for non-payment of fee and reinstatement#
(2)Where an appeal has been struck out in accordance with paragraph (1), the appeal may be reinstated if—
(b)the Lord Chancellor has issued a new certificate of fee satisfaction.
Article 8Substitution and addition of parties#
(a)the wrong person has been named as a party; or
(b)the substitution has become necessary because of a change in circumstances since the start of proceedings.
(2)The Tribunal may give a direction adding a person to the proceedings as a respondent.
(3)The UNHCR may give notice to the Tribunal that they wish to participate in any proceedings where the appellant has made an asylum claim and on giving such notice becomes a party to the proceedings.
(4)If—
(a)the Tribunal gives a direction under paragraph (1) or (2); or
the Tribunal may give such consequential directions as it considers appropriate.
Article 9Orders for payment of costs and interest on costs (or, in Scotland, expenses)#
(1)If the Tribunal allows an appeal, it may order a respondent to pay by way of costs to the appellant an amount no greater than—
(a)any fee paid under the Fees Order that has not been refunded; and
(b)any fee which the appellant is or may be liable to pay under that Order.
(2)The Tribunal may otherwise make an order in respect of costs only—
(a)under section 29(4) of the 2007 Act (wasted costs) and costs incurred in applying for such costs; or
(b)if a person has acted unreasonably in bringing, defending or conducting proceedings.
(3)The Tribunal may make an order under this rule on an application or on its own initiative.
(4)A person making an application for an order for costs—
(b)may send or deliver together with the application a schedule of the costs claimed in sufficient detail to allow summary assessment of such costs by the Tribunal.
(5)An application for an order for costs may be made at any time during the proceedings but must be made within 28 days after the date on which the Tribunal sends—
(a)a notice of decision recording the decision which disposes of the proceedings; or
(b)notice that a withdrawal has taken effect under rule 17 (withdrawal).
(6)The Tribunal may not make an order for costs against a person (in this rule called the “paying person”) without first giving that person an opportunity to make representations.
(7)The amount of costs to be paid under an order under this rule may be determined by—
(a)summary assessment by the Tribunal;
(b)agreement of a specified sum by the paying person and the person entitled to receive the costs (in this rule called the “receiving person”);
(c)detailed assessment of the whole or a specified part of the costs (including the costs of the assessment) incurred by the receiving person, if not agreed.
(8)Except in relation to paragraph (9), in the application of this rule in relation to Scotland, any reference to costs is to be read as a reference to expenses.
(9)Following an order for detailed assessment made by the Tribunal under paragraph (7)(c) the paying person or the receiving person may apply—
(a)in England and Wales, to the county court for a detailed assessment of the costs on the standard basis or, if specified in the order, on the indemnity basis; and the Civil Procedure Rules 1998 note, section 74 (interest on judgment debts, etc) of the County Courts Act 1984 note and the County Court (Interest on Judgment Debts) Order 1991 note shall apply, with necessary modifications, to that application and assessment as if the proceedings in the Tribunal had been proceedings in a court to which the Civil Procedure Rules 1998 apply;
(b)in Scotland, to the Auditor of the Sheriff Court or the Court of Session (as specified in the order) for the taxation of the expenses according to the fees payable in that court; or
(c)in Northern Ireland, to the Taxing Office of the High Court of Northern Ireland for taxation on the standard basis or, if specified in the order, on the indemnity basis.
Article 10Representatives#
(1)A party may be represented by any person not prohibited from representing by section 84 of the 1999 Act.
(2)Where a party is or has been represented by a person prohibited from representing by section 84 of the 1999 Act, that does not of itself render void the proceedings or any step taken in the proceedings.
(3)If a party appoints a representative, that party (or the representative if the representative is a qualified representative) must send or deliver to the Tribunal written notice of the representative's name and address, which may be done at a hearing.
(4)Anything permitted or required to be done by a party under these Rules, a practice direction or a direction may be done by the representative of that party, except signing a witness statement.
(5)A person who receives notice of the appointment of a representative—
(b)may assume that the representative is and remains authorised as such until they receive written notification that this is not so from the representative or the represented party.
Article 11Calculating time#
(1)An act required or permitted to be done on or by a particular day by these Rules, a practice direction or a direction must, unless otherwise directed, be done by midnight on that day.
(2)Subject to the Tribunal directing that this paragraph does not apply, if the time specified by these Rules, a practice direction or a direction for doing any act ends on a day other than a working day, the act is done in time if it is done on the next working day.
Article 12Sending, delivery and language of documents#
(1)Any document to be provided to the Tribunal or any person under these Rules, a practice direction or a direction must be—
(a)delivered, or sent by post, to an address;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)sent by e-mail to an e-mail address; note...
(da)uploaded to the Tribunal’s secure portal in a compatible file format; or
(e)sent or delivered by any other method,
(2)A document to be provided to an individual may be provided by leaving it with that individual.
(3)If the respondent believes that the address specified under paragraph (1) for the provision of documents to the appellant is not appropriate for that purpose, the respondent must notify the Tribunal in writing of that fact and, if aware of it, an address which would be appropriate.
(5)Subject to paragraph (6)—
Article 12AProviding contact details#
(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.
Article 13Use of documents and information#
(1)The Tribunal may make an order prohibiting the disclosure or publication of—
(a)specified documents or information relating to the proceedings; or
(b)any matter likely to lead members of the public to identify any person whom the Tribunal considers should not be identified.
(2)The Tribunal may give a direction prohibiting the disclosure of a document or information to a person if—
(a)the Tribunal is satisfied that such disclosure would be likely to cause that person or some other person serious harm; and
(b)the Tribunal is satisfied, having regard to the interests of justice, that it is proportionate to give such a direction.
(3)If a party (“the first party”) considers that the Tribunal should give a direction under paragraph (2) prohibiting the disclosure of a document or information to another party (“the second party”), the first party must—
(4)The Tribunal must conduct proceedings as appropriate in order to give effect to a direction given under paragraph (2).
(5)If the Tribunal gives a direction under paragraph (2) which prevents disclosure to a party who has appointed a representative, the Tribunal may give a direction that the documents or information be disclosed to that representative if the Tribunal is satisfied that—
(a)disclosure to the representative would be in the interests of the party; and
(b)the representative will act in accordance with paragraph (6).
(6)Documents or information disclosed to a representative in accordance with a direction under paragraph (5) must not be disclosed either directly or indirectly to any other person without the Tribunal's consent.
(9)In a case involving matters relating to national security, the Tribunal must ensure that information is not disclosed contrary to the interests of national security.
(10)The Tribunal must conduct proceedings and record its decision and reasons appropriately so as not to undermine the effect of an order made under paragraph (1), a direction given under paragraph (2), (5) or (7) or the duty imposed by paragraph (9).
Article 14Evidence and submissions#
(1)Without restriction on the general powers in rule 4 (case management powers), the Tribunal may give directions as to—
(a)issues on which it requires evidence or submissions;
(b)the nature of the evidence or submissions it requires;
(c)whether the parties are permitted or required to provide expert evidence;
(d)any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;
(e)the manner in which any evidence or submissions are to be provided, which may include a direction for them to be given—
(i)orally at a hearing; or
(ii)by witness statement or written submissions; and
(f)the time at which any evidence or submissions are to be provided.
(2)The Tribunal may admit evidence whether or not—
(a)the evidence would be admissible in a civil trial in the United Kingdom; or
(b)subject to section 85A(4) of the 2002 Act, the evidence was available to the decision maker.
(3)The Tribunal may consent to a witness giving, or require any witness to give, evidence on oath or affirmation, and may administer an oath or affirmation for that purpose.
Article 15Summoning or citation of witnesses and orders to answer questions or produce documents#
(a)by summons (or, in Scotland, citation) require any person to attend as a witness at a hearing at the time and place specified in the summons or citation; or
(b)order any person to answer any questions or produce any documents in that person's possession or control which relate to any issue in the proceedings.
(2)A summons or citation under paragraph (1)(a) must—
(b)where the person is not a party, make provision for the person's necessary expenses of attendance to be paid, and state who is to pay them.
(3)No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an action in a court of law in the part of the United Kingdom where the proceedings are to be determined.
(4)A summons, citation or order under this rule must—
(a)state that the person on whom the requirement is imposed may apply to the Tribunal to vary or set aside the summons, citation or order, if they have not had an opportunity to object to it; and
(b)state the consequences of failure to comply with the summons, citation or order.
Article 16Appeal treated as abandoned ...#
(a)the appellant has left the United Kingdom;
(b)the appellant has been granted leave to enter or remain in the United Kingdom; or
(c)a deportation order has been made against the appellant; note...
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A)A party to an appeal under the 2020 Regulations must also notify the Tribunal if they are aware that the appeal is to be treated as abandoned under regulation 13 of those Regulations.
(2)Where an appeal is treated as abandoned pursuant to section 92(8) or 104(4A) of the 2002 Act note... or regulation 13(3) of the 2020 Regulations, the Tribunal must send the parties a notice informing them that the appeal is being treated as abandoned note....
(3)Where an appeal would otherwise fall to be treated as abandoned pursuant to section 104(4A) of the 2002 Act or regulation 13(3) of the 2020 Regulations, but the appellant wishes to pursue their appeal, the appellant must provide a notice, which must comply with any relevant practice direction, to the Tribunal and each other party so that it is received within 28 days of the date on which the appellant was sent notice of the grant of leave to enter or remain in the United Kingdom note....
Article 17Withdrawal#
(b)orally at a hearing,
(2)The Tribunal must (save for good reason) treat an appeal as withdrawn if the respondent notifies the Tribunal and each other party that the decision (or, where the appeal relates to more than one decision, all of the decisions) to which the appeal relates has been withdrawn and specifies the reasons for the withdrawal of the decision.
and in either case must specify the reasons for that withdrawal.
Article 18Certification of pending appeal#
(1)The Secretary of State must, upon issuing a certificate under section 97 or 98 of the 2002 Act which relates to a pending appeal, provide notice of the certification to the Tribunal.
Part 3 · Proceedings Before the Tribunal
Chapter 1 · Before the Hearing
Article 19Notice of appeal#
(3)If the person is outside the United Kingdom, the notice of appeal must be received —
(a)not later than 28 days after their departure from the United Kingdom if the person—
(i)was in the United Kingdom when the decision against which they are appealing was made, and
(ii)may not appeal while they are in the United Kingdom by reason of a provision of the 2002 Act; or
(b)in any other case, not later than 28 days after they receive the notice of the decision.
(3A)But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens’ rights immigration decision.“A citizens’ rights immigration decision” is a decision which can be appealed against under the 2020 Regulations.
(3B)The notice of appeal in relation to an appeal against a citizens’ rights immigration decision must be received—
(a)if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision;
(b)if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision.
But this paragraph is subject to paragraph (3D).
(3C)Paragraph (3D) applies where—
(a)a person (“P”) applies for an administrative review of a citizens’ rights immigration decision (“the original decision”) under the relevant rules, and
(b)P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision.
(3D)Where this paragraph applies, the notice of appeal against the original decision must be received—
(a)if P is in the United Kingdom, within the period of 14 days beginning with the day—
(i)P is sent the notice of the decision on administrative review, or
(ii)P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review;
(b)if P is outside the United Kingdom, within the period of 28 days beginning with the day—
(i)P is sent the notice of the decision on administrative review, or
(ii)P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review.
(3E)In this rule, “the relevant rules” means—
(a)Appendix AR(EU) and Appendix AR (administrative review) to the immigration rules,
(b)the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (see regulations 21 to 23 of those Regulations).
(4)The notice of appeal must—
(a)identify which of the available statutory grounds of appeal are relied upon;
(b)be signed and dated by the appellant or their representative;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)the notice of decision against which the appellant is appealing or if it is not practicable to include the notice of decision, the reasons why it is not practicable;
(b)any statement of reasons for that decision;
(c)any documents in support of the appellant's case which have not been supplied to the respondent;
(d)an application for the Lord Chancellor to issue a certificate of fee satisfaction;
(e)any further information or documents required by an applicable practice direction.
(6)The Tribunal must send a copy of the notice of appeal and the accompanying documents or information provided by the appellant to the respondent.
(8)A practice direction may require that, in a specified category of case, the notice of appeal must also set out the grounds of appeal.
Article 20Late notice of appeal#
(1)Where a notice of appeal is provided outside the time limit in rule 19, including any extension of time directed under rule 4(3)(a) (power to extend time), the notice of appeal must include an application for such an extension of time and the reason why the notice of appeal was not provided in time.
(2)If, upon receipt of a notice of appeal, the notice appears to the Tribunal to have been provided outside the time limit but does not include an application for an extension of time, the Tribunal must (unless it extends time of its own initiative) notify the person in writing that it proposes to treat the notice of appeal as being out of time.
(3)Where the Tribunal gives notification under paragraph (2), the person may by written notice to the Tribunal contend that—
(a)the notice of appeal was given in time; or
(b)time for providing the notice of appeal should be extended,
and, if so, that person may provide the Tribunal with written evidence in support of that contention.
(5)Where the Tribunal makes a decision under this rule it must provide to the parties written notice of its decision, including its reasons.
Article 21Special provision for imminent removal cases (late notice of appeal)#
(1)This rule applies in any case to which rule 20 applies, where the respondent notifies the Tribunal that directions have been given for the removal of that person from the United Kingdom on a date within 5 days of the date on which the notice of appeal was received.
(2)The Tribunal must, if reasonably practicable, make any decision under rule 20 before the date and time proposed for the removal.
(3)Rule 20 shall apply, subject to the modifications that the Tribunal may—
(a)give notification under rule 20(2) orally, which may include giving it by telephone,
(b)direct a time for providing evidence under rule 20(3), and
(c)direct that evidence in support of a contention under rule 20(3) is to be given orally, which may include requiring the evidence to be given by telephone, and hold a hearing for the purpose of receiving such evidence.
Article 22Circumstances in which the Tribunal may not accept a notice of appeal#
(2)The circumstances referred to in paragraph (1) are that—
(a)there is no appealable decision; or
(b)the Lord Chancellor has refused to issue a certificate of fee satisfaction.
(a)notify the person providing the notice of appeal and the respondent; and
(b)take no further action on that notice of appeal.
Article 23Response: entry clearance cases#
(1)This rule applies to an appeal against a refusal of entry clearance note....
(2)When a respondent is provided with a copy of a notice of appeal from a refusal of entry clearance note..., the respondent must provide the Tribunal with—
(a)the notice of the decision to which the notice of appeal relates and any other document the respondent provided to the appellant giving reasons for that decision;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any statement of evidence or application form completed by the appellant;
(d)any record of an interview with the appellant in relation to the decision being appealed;
(e)any other unpublished document which is referred to in a document mentioned in sub-paragraph (a) or relied upon by the respondent; note...
(f)the notice of any other appealable decision made in relation to the appellant ; and
(g)any documents provided to the respondent in support of the original application.
(3)The respondent must send to the Tribunal and the other parties the documents listed in paragraph (2) within 28 days of the date on which the respondent received from the Tribunal a copy of the notice of appeal and any accompanying documents or information provided under rule 19(6).
Article 24Response: other cases#
(1)Except in appeals to which rule 23 applies, when a respondent is provided with a copy of a notice of appeal, the respondent must provide the Tribunal with—
(a)the notice of the decision to which the notice of appeal relates and any other document the respondent provided to the appellant giving reasons for that decision;
(b)any statement of evidence or application form completed by the appellant;
(c)any record of an interview with the appellant in relation to the decision being appealed;
(d)any other unpublished document which is referred to in a document mentioned in sub-paragraph (a) or relied upon by the respondent; note...
(e)the notice of any other appealable decision made in relation to the appellant ; and
(f)any documents provided to the respondent in support of the original application.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The documents listed in paragraph (1) note... must be provided in writing within 28 days of the date on which the Tribunal sent to the respondent a copy of the notice of appeal and any accompanying documents or information provided under rule 19(6).
Article 24AFurther Steps#
(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.
Chapter 2 · Hearings
Article 25Consideration of decision with or without a hearing#
(1)The Tribunal must hold a hearing before making a decision which disposes of proceedings except where—
(b)the appellant has not consented to the appeal being determined without a hearing but the Lord Chancellor has refused to issue a certificate of fee satisfaction for the fee payable for a hearing;
(c)the appellant is outside the United Kingdom and does not have a representative who has an address for service in the United Kingdom;
(e)a party has failed to comply with a provision of these Rules, a practice direction or a direction and the Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing;
(f)the appeal is one to which rule 16(2) or 18(2) applies; or
(3)This rule does not apply to decisions under Part 4 or Part 5.
Article 26Notice of hearings#
Article 27Public and private hearings#
(1)Subject to the following paragraphs and to section 108 of the 2002 Act, all hearings must be held in public.
(2A)Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—
(a)the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;
(b)it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;
(c)a media representative is not able to access the proceedings remotely while they are taking place; and
(d)such a direction is necessary to secure the proper administration of justice.
Article 27ACoronavirus temporary rule (recording of remote hearings)#
(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.
Article 28Hearing in a party's absence#
(b)considers that it is in the interests of justice to proceed with the hearing.
Chapter 3 · Decisions
Article 29Decisions and notice of decisions#
(2)Subject to rule 13(2) (withholding information likely to cause serious harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 4) which disposes of the proceedings—
(a)a notice of decision stating the Tribunal's decision; and
(3)Where the decision of the Tribunal relates to—
(a)an asylum claim or a humanitarian protection claim, the Tribunal must provide, with the notice of decision in paragraph (2)(a), written reasons for its decision;
(b)any other matter, the Tribunal may provide written reasons for its decision but, if it does not do so, must notify the parties of the right to apply for a written statement of reasons.
Part 4 · Correcting, Setting Aside, Reviewing and Appealing Tribunal Decisions
Article 30Interpretation#
In this Part—• “appeal” means the exercise of a right of appeal on a point of law under section 11 of the 2007 Act;• “review” means the review of a decision by the Tribunal under section 9 of the 2007 Act.
Article 31Clerical mistakes and accidental slips or omissions#
The Tribunal may at any time correct any clerical mistake or other accidental slip or omission in a decision, direction or any document produced by it, by—
(a)providing notification of the amended decision or direction, or a copy of the amended document, to all parties; and
(b)making any necessary amendment to any information published in relation to the decision, direction or document.
Article 32Setting aside a decision which disposes of proceedings#
(1)The Tribunal may , on the application of a party or on its own initiative, set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if—
(a)the Tribunal considers that it is in the interests of justice to do so; and
(b)one or more of the conditions in paragraph (2) are satisfied.
(2)The conditions are—
(d)there has been some other procedural irregularity in the proceedings.
(3)An application for a decision, or part of a decision, to be set aside under paragraph (1) must be made—
(a)if the appellant is outside the United Kingdom, within 28 days; or
(b)in any other case, within 14 days,
of the date on which the party was sent the notice of decision.
(4)If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify each party in writing as soon as reasonably practicable.
Article 33Application for permission to appeal to the Upper Tribunal#
(5)An application under paragraph (1) must—
(a)identify the decision of the Tribunal to which it relates;
(b)identify the alleged error or errors of law in the decision; and
(c)state the result the party making the application is seeking and include any application for an extension of time and the reasons why such an extension should be given.
(6)If a person makes an application under paragraph (1) when the Tribunal has not given a written statement of reasons for its decision—
(a)the Tribunal must, if no application for a written statement of reasons has been made, treat the application for permission as such an application; and
(7)If an application for a written statement of reasons has been, or is, refused because the application was received out of time, or the application for permission was received out of time, the Tribunal must only admit the application for permission if the Tribunal considers that it is in the interests of justice to do so.
Article 34Tribunal's consideration of an application for permission to appeal to the Upper Tribunal#
(3)The Tribunal must send a record of its decision to the parties as soon as practicable.
(a)a statement of its reasons for such refusal; and
Article 35Review of a decision#
(b)if it is satisfied that there was an error of law in the decision.
(3)If the Tribunal takes any action in relation to a decision following a review without first giving every party an opportunity to make representations—
(a)the notice under paragraph (2) must state that any party that did not have an opportunity to make representations may apply for such action to be set aside; and
Article 36Power to treat an application as a different type of application#
Part 5 · Bail
Article 37Scope of this Part and interpretation#
(1)This Part applies to bail proceedings, meaning bail applications and any matter relating to bail which the Tribunal is considering on its own initiative.
(2)In this Part—• “the 2016 Act” means the Immigration Act 2016;• “bail application” includes a reference to the Tribunal under paragraph 11 of Schedule 10 to the 2016 Act;• “bail party” means—(a) a person released on bail or applying to the Tribunal to be released on bail; or(b) a person in respect of whom a reference has been made to the Tribunal under paragraph 11 of Schedule 10 to the 2016 Act; and• “financial condition” has the meaning given in paragraph 5 of Schedule 10 to the 2016 Act.
(3)Except where paragraph (4) applies, the parties to bail proceedings are the bail party and the Secretary of State.
(4)Where the proceedings concern payment of a sum under a financial condition, the parties are the Secretary of State, the bail party and any other person who is liable to make payment under the financial condition.
Article 38Bail applications#
(1)A bail application must be made by sending or delivering to the Tribunal an application notice containing the information specified below.
(2)A bail application must specify whether it is for—
(a)the bail party to be released on bail;
(b)variation of bail conditions;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)payment of a sum under a financial condition; or
(e)a reference for consideration under paragraph 11 of Schedule 10 to the 2016 Act.
(3)Subject to paragraphs (4) and (4A), a bail application must contain the following details—
(a)the bail party's—
(i)full name;
(ii)date of birth; and
(iii)date of their most recent arrival in the United Kingdom;
(b)the address of any place where the bail party is detained;
(c)the address where the bail party will reside if the bail application is granted, or, if unable to give such an address, the reason why an address is not given;
(d)the terms of the financial condition to which the bail party is, or is proposed to be, subject;
(e)whether the bail party has a pending appeal to the Tribunal or any pending application for further appeal relating to such an appeal;
(f)the full name, address, date of birth and any occupation of any person other than the bail party who is, or is proposed to be, subject to a financial condition.
(g)where the bail party is aged 18 or over, whether the bail party will, if required, agree to co-operate with an electronic monitoring condition under paragraph 2 of Schedule 10 to the 2016 Act.;
(h)the grounds on which the application is made and, where a previous application has been refused, when it was refused and , where the previous refusal took place less than 28 days before the application, details of any material change in circumstances since the refusal; and
(i)whether an interpreter will be required at the hearing, and in respect of what language and dialect.
(4)Where the application is for payment of a sum under a financial condition, paragraph (3) applies except for sub-paragraphs (a)(iii), (b), (c), (e) and (g) of that paragraph.
(4A)Where the application is a reference under paragraph 11 of Schedule 10 to the 2016 Act—
(a)paragraph (3) applies except for sub-paragraph (h); and
(b)the application must also contain—
(i)details of the provision or provisions under which the bail party is detained;
(ii)a copy of any previous Secretary of State decision on whether to grant bail; and
(iii)any documents relevant to (i) or (ii).
(5)An application made by the bail party must be signed by the bail party or their representative.
(6)On receipt of a bail application, the Tribunal must record the date on which it was received and provide a copy of the application as soon as reasonably practicable to—
(a)the Secretary of State, the bail party and any other person subject to a financial condition, in the case of an application to vary a financial condition;
(b)the bail party, in the case of a reference under paragraph 11 of Schedule 10 to the 2016 Act; and
(c)the Secretary of State, in the case of other bail applications.
Article 39Bail hearings#
(1)Subject to paragraph (3), where a bail application is for the bail party to be released on bail or is a reference under paragraph 11 of Schedule 10to the 2016 Act, the Tribunal must, as soon as reasonably practicable, hold a hearing of the application.
(3)Where an application for release on bail is received by the Tribunal within 28 days after a Tribunal decision made at a hearing under paragraph (1) not to release the bail party on bail, the Tribunal—
(a)must determine whether the bail party has demonstrated that there has been a material change in circumstances since the decision;
(b)if the Tribunal so determines, must apply paragraph (1);
(c)otherwise, must dismiss the application without a hearing.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 40Response to a bail application#
(1)If the Secretary of State opposes a bail application, the Secretary of State must provide the Tribunal and the bail party with a written statement of the reasons for doing so—
(a)not later than 2.00 pm on the working day before the hearing; or
(b)if the Secretary of State was provided with notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.
(2)Where the Secretary of State's reasons for opposition include that directions are in force for the removal of the bail party from the United Kingdom, the Secretary of State must provide a copy of the notice of those directions.
(3)If the bail party intends to respond to a reference under paragraph 11 of Schedule 10 to the 2016 Act, the bail party must provide the Tribunal and the Secretary of State with a written statement—
(a)not later than 2.00 pm on the working day before the hearing; or
(b)if the bail party was provided with notice of the hearing less than 24 hours before that time, as soon as reasonably practicable.
Article 41Decision in bail proceedings#
(1)The Tribunal must provide written notice of its decision to—
(a)the parties; and
(b)if the bail application is for the bail party to be released on bail, the person having custody of the bail party.
(2)Where bail is granted or varied, the notice must state—
(a)when the grant of bail commences;
(b)any bail conditions, including any amounts payable under a financial condition; and
(c)the information required under rule 42.
(3)Where bail is refused or where the Tribunal orders payment of a sum under a financial condition, the notice must include reasons for the decision.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Paragraph (6) applies where the Tribunal determines that directions for the removal of the bail party from the United Kingdom are for the time being in force and the directions require the bail party to be removed from the United Kingdom within 21 days of the date of the decision to release the bail party on bail note....
(6)The notice provided under paragraph (1) must state—
(a)the determination of the Tribunal under paragraph (5);
(b)whether the Secretary of State has consented to the release of the bail party;
(c)where the Secretary of State has not consented to that release, that the bail party must therefore not be released on bail.
Article 41APower to vary bail conditions#
(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.
Article 42Financial conditions#
(1)Any financial condition must be in writing and must state—
(a)the bail conditions, including the sum of money to be paid under the financial condition;
(b)when it is to be paid;
(c)the form and manner in which it is to be paid; and
(d)that the bail party, and any other person who is liable to make payment under it, understand the bail conditions and that, if the bail party fails to comply with those conditions, they may be liable to make payment under it.
(2)The financial condition must be signed by the bail party and any other person who is liable to make payment under it and provided to the Tribunal, and a copy provided to—
(a)the parties, and
(b)any person having custody of the bail party.
Article 43Release of bail party#
The person having custody of the bail party must release the bail party upon—
(a)being provided with a notice of decision to grant bail; or
(b)being—
(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(...)provided with a notice of decision fixing the amount and conditions of the bail, and
Article 44Application of this Part to Scotland#
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 6 · Final
Article 45Revocations#
The statutory instruments listed in the left hand column of Table 1 below are revoked to the extent specified in the right hand column.
Article 46Transitional provisions#
(1)The Tribunal may give any direction to ensure that proceedings are dealt with fairly and, in particular, may—
(b)disapply provisions of these Rules (including the Fast Track Rules).
(2)A time period which has started to run before the date on which these Rules come into force and which has not expired shall continue to apply.
Schedule · The Fast Track Rules
Part 1 · Introduction and Scope
(1)
(1)The rules in this Schedule are the Fast Track Rules.
(2)A rule or Part referred to in this Schedule by number alone means a rule in, or Part of, the Fast Track Rules.
(3)In these Rules, the “Principal Rules” means rules 1 to 46 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014.
(4)The Principal Rules, except for those provisions referred to in Table 2 below apply for the purposes of and the interpretation of the Fast Track Rules.
(5)Where the Fast Track Rules cease to apply to an appeal or application because—
(a)the condition referred to in rule 2(1)(b) ceases to apply; or
(b)the Tribunal makes an order under rule 14,
the Principal Rules shall apply to the appeal or application.
(6)Where—
(a)a period of time for taking a step has started to run under a provision of the Fast Track Rules, and
(b)that provision ceases to apply in the circumstances to which paragraph (5) refers,
if the Principal Rules contain a time limit for taking such step, the time limit in the Principal Rules shall apply, and the relevant period of time shall be treated as running from the date on which the period of time under the Fast Track Rules started to run.
(2)
(1)The Fast Track Rules apply to an appeal to the Tribunal or an application for permission to appeal to the Upper Tribunal where the appellant—
(a)was detained under the Immigration Acts at a place specified in paragraph (3) when provided with notice of the appealable decision against which the appellant is appealing; and
(b)has been continuously detained under the Immigration Acts at a place or places specified in paragraph (3) since that notice was served on the appellant.
(2)An appellant does not, for the purposes of this rule, cease to satisfy the condition in paragraph (1)(b) by reason only of—
(a)being transported from one place of detention specified in paragraph (3) to another place which is so specified; or
(b)leaving and returning to such a place of detention for any purpose between the hours of 6 am and 10 pm.
(3)The places specified for the purposes of this rule are—
(a)Colnbrook House Immigration Removal Centre, Harmondsworth, Middlesex;
(b)Harmondsworth Immigration Removal Centre, Harmondsworth, Middlesex;
(c)Yarl's Wood Immigration Removal Centre, Clapham, Bedfordshire.
Part 2 · Appeals to the Tribunal
(3)
(2)The notice of appeal must—
(a)set out the grounds of appeal;
(b)be signed and dated by the appellant or their representative;
(a)the notice of decision against which the appellant is appealing or if it is not practicable to include the notice of decision, the reasons why it is not practicable;
(b)any statement of reasons for that decision;
(c)any documents in support of the appellant's case which have not been supplied to the respondent;
(d)an application for the Lord Chancellor to issue a certificate of fee satisfaction;
(e)any further information or documents required by an applicable practice direction.
(4)
(5)
(3)Subject to paragraph (5), the Tribunal must consider any issue as to—
(a)whether a notice of appeal was given outside the time limit in paragraph (1); and
(b)whether to extend the time for appealing,
(4)Where a notice of appeal is provided outside the time limit in paragraph (1) and the respondent notifies the Tribunal that directions have been given for the removal of that person from the United Kingdom on a date within 5 working days of the date on which the notice of appeal was received, the Tribunal must, if reasonably practicable, make any decision on an issue referred to in paragraph (3) before the date and time proposed for the removal, and may do so as a preliminary issue.
(5)Where the Tribunal decides that the notice of appeal was provided outside the time limit and does not extend the time for appealing, the Tribunal must provide to the parties notice of its decision, including its reasons, not later than 1 working day after the date on which that decision was made, after which it shall take no further action in relation to the notice of appeal.
(6)In a case to which paragraph (5) applies, the notice of decision may be given orally at a hearing.
(6)When the Tribunal receives a notice of appeal and any further documents or information from the appellant under rule 4, it must immediately provide a copy to the respondent.
(7)The respondent must, not later than 2 working days after the day on which the Tribunal provides the respondent with the notice of appeal, provide the following documents to the Tribunal—
(a)the notice of the decision to which the notice of appeal relates, and any other document the respondent provided to the appellant giving reasons for that decision;
(b)any statement of evidence or application form completed by the appellant;
(c)any record of an interview with the appellant, in relation to the decision being appealed;
(d)any other unpublished document which is referred to in a document mentioned in sub-paragraph (a) or relied upon by the respondent; and
(e)the notice of any other appealable decision made in relation to the appellant.
(8)
(a)not later than 3 working days after the day on which the respondent provides the documents under rule 7; or
(2)The Tribunal must provide notice of the date, time and place of the hearing to every party as soon as practicable and in any event not later than noon on the working day before the hearing.
(3)A practice direction may provide that, as regards—
(a)all appellants detained at one of the places specified in rule 2(3); or
(b)a class or category of appellants detained in any of those specified places,
a period of 6 working days shall apply instead of the period of 3 working days provided for in paragraph (1).
(9)
(2)Where—
(a)the appeal—
(i)lapses pursuant to section 99 of the 2002 Act;
(ii)is treated as abandoned pursuant to section 104(4A) of the 2002 Act; or
(iii)is withdrawn by the appellant or treated as withdrawn in accordance with rule 17 of the Principal Rules;
the requirement referred to in paragraph (1) ceases.
(10)
(a)a notice of decision and the reasons for it;
Part 3 · Appeals to the Upper Tribunal
Part 4 · General Provisions
(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—
(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
(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—
(b)give directions in relation to the conduct of the proceedings.
Contains public sector information licensed under the Open Government Licence v3.0.