The Tribunal Procedure (Upper Tribunal) Rules 2008

Notice of appeal

This section has no associated Explanatory Memorandum

23.—[F1(1) This rule applies—

(a)to proceedings on appeal to the Upper Tribunal for which permission to appeal is not required, except proceedings to which rule 26A [F2or 26B] applies;

(b)if another tribunal has given permission for a party to appeal to the Upper Tribunal; or

(c)subject to any other direction by the Upper Tribunal, if the Upper Tribunal has given permission to appeal and has given a direction that the application for permission to appeal does not stand as the notice of appeal.

[F3(1A) In an asylum case or an immigration case in which the First-tier Tribunal has given permission to appeal, subject to any direction of the First-tier Tribunal or the Upper Tribunal, the application for permission to appeal sent or delivered to the First-tier Tribunal stands as the notice of appeal and accordingly paragraphs (2) to (6) of this rule do not apply.]

(2) The appellant must provide a notice of appeal to the Upper Tribunal so that it is received within 1 month after—

(a)the date that the tribunal that gave permission to appeal sent notice of such permission to the appellant; or

(b)if permission to appeal is not required, the date on which notice of decision to which the appeal relates was sent to the appellant.]

(3) The notice of appeal must include the information listed in rule 21(4)(a) to (e) (content of the application for permission to appeal) and, where the Upper Tribunal has given permission to appeal, the Upper Tribunal's case reference.

(4) If another tribunal has granted permission to appeal, the appellant must provide with the notice of appeal a copy of—

(a)any written record of the decision being challenged;

(b)any separate written statement of reasons for that decision; and

(c)the notice of permission to appeal.

(5) If the appellant provides the notice of appeal to the Upper Tribunal later than the time required by paragraph (2) or by an extension of time allowed under rule 5(3)(a) (power to extend time)—

(a)the notice of appeal must include a request for an extension of time and the reason why the notice was not provided in time; and

(b)unless the Upper Tribunal extends time for the notice of appeal under rule 5(3)(a) (power to extend time) the Upper Tribunal must not admit the notice of appeal.

[F4(6) When the Upper Tribunal receives the notice of appeal it must send a copy of the notice and any accompanying documents—

(a)to each respondent; or

(b)[F5in a road transport case, to—

(i)the decision maker;

(ii)the appropriate national authority; and

(iii)in a case relating to the detention of a vehicle, the authorised person]]

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