The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003

PART 4 APPLICATIONS FOR PERMISSION TO APPEAL FROM TRIBUNAL

Scope of this Part

15.  This Part applies to an application to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session where—

(a) the application is for permission to appeal against the determination of the Tribunal upon an appeal to which Part 3 of these Rules applied; and

(b) the party appealing against an immigration decision has, since being served with notice of that immigration decision, continuously been in detention under the Immigration Acts at a place or places specified in the Schedule to these Rules.

Application of Part 4 of the Principal Rules

16.  The following rules in Part 4 of the Principal Rules apply to an application to which this Part applies—

(a) rule 26;

(b) rule 27;

(c) rule 29; and

(d) rule 30.

Time limit for application

17.—(1) An application notice to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session must be given, in accordance with rules 27 and 29 of the Principal Rules, not later than 2 days after the day on which the appellant is served with the Tribunal’s determination.

(2) The Tribunal may not extend the time limit in paragraph (1).

Determining the application

18.  The Tribunal must determine the application, and its determination must be served on—

(a) every party; and

(b) subject to rule 21, any representative acting for a party,

not later than one day after the day on which the appellate authority receives the application notice.