40.—(1) The Upper Tribunal may give a decision orally at a hearing.
[F1(1A) Subject to paragraph (1B), in immigration judicial review proceedings, a decision which disposes of proceedings shall be given at a hearing.
(1B) Paragraph (1A) does not affect the power of the Upper Tribunal to—
(a)strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);
(b)consent to withdrawal, pursuant to rule 17;
(c)determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or
(d)make a consent order disposing of proceedings, pursuant to rule 39,
without a hearing.]
(2) [F2Except where [F3rule 22 (decision in relation to permission to appeal) F4...] applies,] F5... the Upper Tribunal must provide to each party as soon as reasonably practicable after making [F6a decision (other than a decision under Part 7) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)]—
(a)a decision notice stating the [F7Upper] Tribunal's decision; and
(b)notification of any rights of review or appeal against the decision and the time and manner in which such rights of review or appeal may be exercised.
(3) [F8Subject to rule [F914(11) (prevention of disclosure or publication of documents and information)],] the Upper Tribunal must provide written reasons for its decision with a decision notice provided under paragraph (2)(a) unless—
(a)the decision was made with the consent of the parties; or
(b)the parties have consented to the Upper Tribunal not giving written reasons.
(4) The [F10Upper] Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.
[F11(5) In a national security certificate appeal, when the Upper Tribunal provides a notice or reasons to the parties under this rule, it must also provide the notice or reasons to the relevant Minister and the Information Commissioner, if they are not parties.]
Textual Amendments
F1Rule 40(1A)(1B) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 16
F2Words in rule 40(2) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 19
F3Words in rule 40(2) substituted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(b), 14
F4Words in art. 40(2) omitted (25.12.2023) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 3(4)
F5Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)
F6Words in rule 40(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(a)
F7Word in rule 40(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(b)
F8Words in rule 40(3) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(b)
F9Words in rule 40(3) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(a)
F10Word in rule 40(4) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(b)
F11Rule 40(5) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 13