The Tribunal Procedure (Amendment No. 2) Rules 2010

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

11.  In rule 15 (evidence and submissions) after paragraph (2) insert—

(2A) In an asylum case or an immigration case—

(a)if a party wishes the Upper Tribunal to consider evidence that was not before the First-tier Tribunal, that party must send or deliver a notice to the Upper Tribunal and any other party—

(i)indicating the nature of the evidence; and

(ii)explaining why it was not submitted to the First-tier Tribunal; and

(b)when considering whether to admit evidence that was not before the First-tier Tribunal, the Upper Tribunal must have regard to whether there has been unreasonable delay in producing that evidence..