The Tribunal Procedure (Upper Tribunal) Rules 2008

PART 6 Decisions

Consent orders

39.—(1) The Upper Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the [F1 Upper] Tribunal need not hold a hearing before making an order under paragraph (1)F2 ....

Textual Amendments

F1 Word in rule 39(2) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 15

F2 Words in rule 39(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 20

Decisions

40.—(1) The Upper Tribunal may give a decision orally at a hearing.

[F3 (1A) Subject to paragraph (1B), in immigration judicial review proceedings, a decision which disposes of proceedings shall be given at a hearing.

(1B) Paragraph (1A) does not affect the power of the Upper Tribunal to—

(a) strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);

(b) consent to withdrawal, pursuant to rule 17;

(c) determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or

(d) make a consent order disposing of proceedings, pursuant to rule 39,

without a hearing.]

(2) [F4 Except where rule 40A (special procedure for providing notice of a decision relating to an asylum case) applies,] F5 ... the Upper Tribunal must provide to each party as soon as reasonably practicable after making [F6 a decision (other than a decision under Part 7) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)]—

(a) a decision notice stating the [F7 Upper] Tribunal's decision; and

(b) notification of any rights of review or appeal against the decision and the time and manner in which such rights of review or appeal may be exercised.

(3) [F8 Subject to rule [F9 14(11) (prevention of disclosure or publication of documents and information)],] the Upper Tribunal must provide written reasons for its decision with a decision notice provided under paragraph (2)(a) unless—

(a) the decision was made with the consent of the parties; or

(b) the parties have consented to the Upper Tribunal not giving written reasons.

(4) The [F10 Upper] Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

[F11 (5) In a national security certificate appeal, when the Upper Tribunal provides a notice or reasons to the parties under this rule, it must also provide the notice or reasons to the relevant Minister and the Information Commissioner, if they are not parties.]

Textual Amendments

F3 Rule 40(1A)(1B) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 16

F4 Words in rule 40(2) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 19

F5 Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)

F6 Words in rule 40(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(a)

F7 Word in rule 40(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(b)

F8 Words in rule 40(3) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(b)

F9 Words in rule 40(3) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(a)

F10 Word in rule 40(4) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(b)

F11 Rule 40(5) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 13

[F12 Special procedure for providing notice of a decision relating to an asylum case

40A.— [F13 (1) This rule applies to a decision of the Upper Tribunal in an asylum case—

(a) to refuse (or not to admit) an application for permission to appeal to the Upper Tribunal made by the person who appealed to the First-tier Tribunal; or

(b) on an appeal under section 11 of the 2007 Act,

where—

(i) at the time the application or appeal (as the case may be) is made the person who appealed to the First-tier Tribunal is in the United Kingdom; and

(ii) the decision is not made in a fast track case.]

(2) The Upper Tribunal must provide to the Secretary of State for the Home Department as soon as reasonably practicable—

(a) a decision notice stating the Upper Tribunal’s decision; and

(b) a statement of any right of appeal against the decision and the time and manner in which such a right of appeal may be exercised.

(3) The Secretary of State must, subject to paragraph (5)—

(a) send the documents listed in paragraph (2) to the other party not later than 30 days after the Upper Tribunal sent them to the Secretary of State for the Home Department; and

(b) as soon as practicable after sending the documents listed in paragraph (2), notify the Upper Tribunal on what date and by what means they were sent.

(4) If the Secretary of State does not notify the Upper Tribunal under paragraph (3)(b) within 31 days after the documents listed in paragraph (2) were sent, the Upper Tribunal must send the notice of decision to the other party as soon as reasonably practicable.

(5) If the Secretary of State applies for permission to appeal under section 13 of the 2007 Act, the Secretary of State must send the documents listed in paragraph (2) to the other party no later than the date on which the application for permission is sent to the Upper Tribunal.]

Textual Amendments

F12 Rule 40A inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 20

F13 Rule 40A(1) substituted (30.6.2014) by The Tribunal Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/1505), rules 1, 4(a)