PART 2General powers and provisions
Evidence and submissions15
1
Without restriction on the general powers in rule 5(1) and (2) (case management powers), the Upper 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, and if so whether the parties must jointly appoint a single expert to provide such 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 written submissions or witness statement; and
f
the time at which any evidence or submissions are to be provided.
2
The Upper Tribunal may—
a
admit evidence whether or not—
i
the evidence would be admissible in a civil trial in the United Kingdom; or
ii
the evidence was available to a previous decision maker; or
b
exclude evidence that would otherwise be admissible where—
i
the evidence was not provided within the time allowed by a direction or a practice direction;
ii
the evidence was otherwise provided in a manner that did not comply with a direction or a practice direction; or
iii
it would otherwise be unfair to admit the evidence.
F12A
In an asylum case or an immigration case—
a
if a party wishes the Upper Tribunal to consider evidence that was not before the First-tier Tribunal, that party must send or deliver a notice to the Upper Tribunal and any other party—
i
indicating the nature of the evidence; and
ii
explaining why it was not submitted to the First-tier Tribunal; and
b
when considering whether to admit evidence that was not before the First-tier Tribunal, the Upper Tribunal must have regard to whether there has been unreasonable delay in producing that evidence.
3
The Upper Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.