The Tribunal Procedure (Amendment No. 4) Rules 2013

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

18.  In rule 44 (application for permission to appeal)—

(a) in paragraph (1)(1), for “paragraph (4A)” substitute “paragraphs (4A) and (4B)”;

(b) in paragraph (4)(2), for “or (3D)” substitute “, (3D) or (4C)”;

(c) for paragraph (4A)(3) substitute—

“(4A) Where a decision that disposes of immigration judicial review proceedings is given at a hearing, a party may apply at that hearing for permission to appeal, and the Upper Tribunal must consider at the hearing whether to give or refuse permission to appeal.

(4B) Where a decision that disposes of immigration judicial review proceedings is given at a hearing and no application for permission to appeal is made at that hearing—

(a) the Upper Tribunal must nonetheless consider at the hearing whether to give or refuse permission to appeal; and

(b) if permission to appeal is given to a party, it shall be deemed for the purposes of section 13(4) of the 2007 Act to be given on application by that party.

(4C) Where a decision that disposes of immigration judicial review proceedings is given pursuant to rule 30 and the Upper Tribunal records under rule 30(4A) that the application is totally without merit, an application under paragraph (1) must be sent or delivered to the Upper Tribunal so that it is received within 7 days after the later of the dates on which the Upper Tribunal sent to the applicant—

(a) written reasons for the decision; or

(b) notification of amended reasons for, or correction of, the decision following a review.”;

(d) in paragraph (7)(a)(4), before “Tribunal” insert “Upper”.

(1)

As amended by S.I. 2012/2890.

(2)

As amended by S.I. 2010/747.

(3)

As inserted by S.I. 2012/2890.

(4)

As amended by S.I. 2012/2890.