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.

(2)

Notwithstanding any other provision of these Rules, the F1Upper Tribunal need not hold a hearing before making an order under paragraph (1)F2....

Decisions40.

(1)

The Upper Tribunal may give a decision orally at a hearing.

F3(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)

F4Except where F5rule 22 (decision in relation to permission to appeal) F6... applies, F7... the Upper Tribunal must provide to each party as soon as reasonably practicable after making F8a 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 F9Upper 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)

F10Subject to rule F1114(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 F12Upper Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

F13(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.

F14Special procedure for providing notice of a decision relating to an asylum caseF1540A.

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