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PART 3U.K.Proceedings Before the Tribunal

CHAPTER 1U.K.Before the Hearing

Notice of appealU.K.

19.—(1) An appellant must start proceedings by providing a notice of appeal to the Tribunal.

(2) If the person is in the United Kingdom, the notice of appeal must be received not later than 14 days after they are sent the notice of the decision against which the appeal is brought.

(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.

[F1(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.

[F2(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.]

[F3(3E) In this rule, “the relevant rules” means—

[F4(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)[F5identify which of the available statutory grounds of appeal are relied upon];

(b)be signed and dated by the appellant or their representative;

(c)if the notice of appeal is signed by the appellant's representative, the representative must certify in the notice of appeal that it has been completed in accordance with the appellant's instructions;

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The appellant must provide with the notice of appeal—

(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.

(7) An appellant may, with the permission of the Tribunal, vary the grounds on which they rely in the notice of appeal.

[F9(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.]

Textual Amendments