The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

Application for permission to appeal to the Upper Tribunal U.K.

33.—(1) A party seeking permission to appeal to the Upper Tribunal must make a written application to the Tribunal for permission to appeal.

(2) Subject to paragraph (3), an application under paragraph (1) must be [F1 sent] to the Tribunal so that it is received no later than 14 days after the date on which the party making the application was [F2 sent the] written reasons for the decision.

(3) Where an appellant is outside the United Kingdom, an application to the Tribunal under paragraph (1) must be [F3 sent] to the Tribunal so that it is received no later than 28 days after the date on which the party making the application was [F4 sent the] written reasons for the decision.

(4) The time within which a party may apply for permission to appeal against an amended notice of decision runs from the date on which the party is sent the amended notice of decision.

(5) An application under paragraph (1) must—

(a) identify the decision of the Tribunal to which it relates;

(b) identify the alleged error or errors of law in the decision; and

(c) state the result the party making the application is seeking and include any application for an extension of time and the reasons why such an extension should be given.

(6) If a person makes an application under paragraph (1) when the Tribunal has not given a written statement of reasons for its decision—

(a) the Tribunal must, if no application for a written statement of reasons has been made, treat the application for permission as such an application; and

(b) may—

(i) direct under rule 36 that the application is not to be treated as an application for permission to appeal; or

(ii) determine the application for permission to appeal.

(7) If an application for a written statement of reasons has been, or is, refused because the application was received out of time, [F5 or the application for permission was received out of time,] the Tribunal must only admit the application for permission if the Tribunal considers that it is in the interests of justice to do so.

Textual Amendments

F1 Word in rule 33(2) substituted (14.5.2018) by The Tribunal Procedure (Amendment) Rules 2018 (S.I. 2018/511), rules 1, 4(2)(a)

F2 Words in rule 33(2) substituted (14.5.2018) by The Tribunal Procedure (Amendment) Rules 2018 (S.I. 2018/511), rules 1, 4(2)(b)

F3 Word in rule 33(3) substituted (14.5.2018) by The Tribunal Procedure (Amendment) Rules 2018 (S.I. 2018/511), rules 1, 4(2)(a)

F4 Words in rule 33(3) substituted (14.5.2018) by The Tribunal Procedure (Amendment) Rules 2018 (S.I. 2018/511), rules 1, 4(2)(b)

F5 Words in rule 33(7) inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(11)