Amendments to the Tribunal Procedure (Upper Tribunal) Rules 200814

In rule 34 (decision with or without a hearing)—

a

in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;

b

after paragraph (2), insert—

3

In immigration judicial review proceedings, the Upper Tribunal must hold a hearing before making a decision which disposes of proceedings.

4

Paragraph (3) 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.