PART 2General powers and provisions

[F1Appeal treated as abandoned or finally determined in an asylum case or an immigration case

17A.—(1) A party to an asylum case or an immigration case before the Upper Tribunal must notify the [F2Upper] Tribunal if they are aware that—

(a)the appellant has left the United Kingdom;

(b)the appellant has been granted leave to enter or remain in the United Kingdom; [F3or]

(c)a deportation order has been made against the appellant; F4...

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(1A) A party to an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”) before the Upper Tribunal must also notify the Upper Tribunal if they are aware that the appeal is to be treated as abandoned under regulation [F613] of those Regulations.]

(2) Where an appeal is treated as abandoned pursuant to section [F792(8),] 104(4) or (4A) of the Nationality, Immigration and Asylum Act 2002 F8... [F9or regulation 13(3) of the 2020 Regulations], or as finally determined pursuant to section 104(5) of the Nationality, Immigration and Asylum Act 2002, the Upper Tribunal must send the parties a notice informing them that the appeal is being treated as abandoned or finally determined.

(3) Where an appeal would otherwise fall to be treated as abandoned pursuant to section 104(4A) of the Nationality, Immigration and Asylum Act 2002 [F10or regulation 13(3) of the 2020 Regulations], but the appellant wishes to pursue their appeal, the appellant must send or deliver a notice, which must comply with any relevant practice directions, to the Upper Tribunal and the respondent so that it is received within thirty days of the date on which the notice of the grant of leave to enter or remain in the United Kingdom was sent to the appellant.

(4) Where a notice of grant of leave to enter or remain is sent electronically or delivered personally, the time limit in paragraph (3) is twenty eight days.

(5) Notwithstanding rule 5(3)(a) (case management powers) and rule 7(2) (failure to comply with rules etc.), the Upper Tribunal must not extend the time limits in paragraph (3) and (4).]

Textual Amendments