PART 6Decisions
Consent orders39
1
The Upper Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.
Decisions40
1
The Upper Tribunal may give a decision orally at a hearing.
F121A
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
F8Except where rule 40A (special procedure for providing notice of a decision relating to an asylum case) applies,F2... the Upper Tribunal must provide to each party as soon as reasonably practicable after making F9a 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 F10Upper 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
F3Subject to rule F414(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 F5Upper Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.
F65
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.
F7Special procedure for providing notice of a decision relating to an asylum case40A
F131
This rule applies to a decision of the Upper Tribunal in an asylum case—
a
to refuse (or not to admit) an application for permission to appeal to the Upper Tribunal made by the person who appealed to the First-tier Tribunal; or
b
on an appeal under section 11 of the 2007 Act,
where—
i
at the time the application or appeal (as the case may be) is made the person who appealed to the First-tier Tribunal is in the United Kingdom; and
ii
the decision is not made in a fast track case.
2
The Upper Tribunal must provide to the Secretary of State for the Home Department as soon as reasonably practicable—
a
a decision notice stating the Upper Tribunal’s decision; and
b
a statement of any right of appeal against the decision and the time and manner in which such a right of appeal may be exercised.
3
The Secretary of State must, subject to paragraph (5)—
a
send the documents listed in paragraph (2) to the other party not later than 30 days after the Upper Tribunal sent them to the Secretary of State for the Home Department; and
b
as soon as practicable after sending the documents listed in paragraph (2), notify the Upper Tribunal on what date and by what means they were sent.
4
If the Secretary of State does not notify the Upper Tribunal under paragraph (3)(b) within 31 days after the documents listed in paragraph (2) were sent, the Upper Tribunal must send the notice of decision to the other party as soon as reasonably practicable.
5
If the Secretary of State applies for permission to appeal under section 13 of the 2007 Act, the Secretary of State must send the documents listed in paragraph (2) to the other party no later than the date on which the application for permission is sent to the Upper Tribunal.