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

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PART 3U.K.Proceedings Before the Tribunal

CHAPTER 1U.K.Before the Hearing

Notice of appealU.K.

19.—(1) An appellant must start proceedings by providing a notice of appeal to the Tribunal.

(2) If the person is in the United Kingdom, the notice of appeal must be received not later than 14 days after they are sent the notice of the decision against which the appeal is brought.

(3) If the person is outside the United Kingdom, the notice of appeal must be received —

(a)not later than 28 days after their departure from the United Kingdom if the person—

(i)was in the United Kingdom when the decision against which they are appealing was made, and

(ii)may not appeal while they are in the United Kingdom by reason of a provision of the 2002 Act; or

(b)in any other case, not later than 28 days after they receive the notice of the decision.

[F1(3A) But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens’ rights immigration decision.

“A citizens’ rights immigration decision” is a decision which can be appealed against under the 2020 Regulations.

(3B) The notice of appeal in relation to an appeal against a citizens’ rights immigration decision must be received—

(a)if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision;

(b)if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision.

But this paragraph is subject to paragraph (3D).

(3C) Paragraph (3D) applies where—

(a)a person (“P”) applies for an administrative review of a citizens’ rights immigration decision (“the original decision”) under the relevant rules, and

(b)P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision.

[F2(3D) Where this paragraph applies, the notice of appeal against the original decision must be received—

(a)if P is in the United Kingdom, within the period of 14 days beginning with the day—

(i)P is sent the notice of the decision on administrative review, or

(ii)P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review;

(b)if P is outside the United Kingdom, within the period of 28 days beginning with the day—

(i)P is sent the notice of the decision on administrative review, or

(ii)P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review.]

[F3(3E) In this rule, “the relevant rules” means—

[F4(a)Appendix AR(EU) and Appendix AR (administrative review) to the immigration rules,]

(b)the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (see regulations 21 to 23 of those Regulations).]]

(4) The notice of appeal must—

(a)[F5identify which of the available statutory grounds of appeal are relied upon];

(b)be signed and dated by the appellant or their representative;

(c)if the notice of appeal is signed by the appellant's representative, the representative must certify in the notice of appeal that it has been completed in accordance with the appellant's instructions;

F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The appellant must provide with the notice of appeal—

(a)the notice of decision against which the appellant is appealing or if it is not practicable to include the notice of decision, the reasons why it is not practicable;

(b)any statement of reasons for that decision;

(c)any documents in support of the appellant's case which have not been supplied to the respondent;

(d)an application for the Lord Chancellor to issue a certificate of fee satisfaction;

(e)any further information or documents required by an applicable practice direction.

(6) The Tribunal must send a copy of the notice of appeal and the accompanying documents or information provided by the appellant to the respondent.

(7) An appellant may, with the permission of the Tribunal, vary the grounds on which they rely in the notice of appeal.

[F9(8) A practice direction may require that, in a specified category of case, the notice of appeal must also set out the grounds of appeal.]

Textual Amendments

Late notice of appealU.K.

20.—(1) Where a notice of appeal is provided outside the time limit in rule 19, including any extension of time directed under rule 4(3)(a) (power to extend time), the notice of appeal must include an application for such an extension of time and the reason why the notice of appeal was not provided in time.

(2) If, upon receipt of a notice of appeal, the notice appears to the Tribunal to have been provided outside the time limit but does not include an application for an extension of time, the Tribunal must (unless it extends time of its own initiative) notify the person in writing that it proposes to treat the notice of appeal as being out of time.

(3) Where the Tribunal gives notification under paragraph (2), the person may by written notice to the Tribunal contend that—

(a)the notice of appeal was given in time; or

(b)time for providing the notice of appeal should be extended,

and, if so, that person may provide the Tribunal with written evidence in support of that contention.

(4) The Tribunal must decide any issue under this rule as to whether a notice of appeal was given in time, or whether to extend the time for appealing, as a preliminary issue, and may do so without a hearing.

(5) Where the Tribunal makes a decision under this rule it must provide to the parties written notice of its decision, including its reasons.

Special provision for imminent removal cases (late notice of appeal)U.K.

21.—(1) This rule applies in any case to which rule 20 applies, where the respondent notifies the Tribunal that directions have been given for the removal of that person from the United Kingdom on a date within 5 days of the date on which the notice of appeal was received.

(2) The Tribunal must, if reasonably practicable, make any decision under rule 20 before the date and time proposed for the removal.

(3) Rule 20 shall apply, subject to the modifications that the Tribunal may—

(a)give notification under rule 20(2) orally, which may include giving it by telephone,

(b)direct a time for providing evidence under rule 20(3), and

(c)direct that evidence in support of a contention under rule 20(3) is to be given orally, which may include requiring the evidence to be given by telephone, and hold a hearing for the purpose of receiving such evidence.

Circumstances in which the Tribunal may not accept a notice of appealU.K.

22.—(1) Where a person has provided a notice of appeal to the Tribunal and any of the circumstances in paragraph (2) apply, the Tribunal may not accept the notice of appeal.

(2) The circumstances referred to in paragraph (1) are that—

(a)there is no appealable decision; or

(b)the Lord Chancellor has refused to issue a certificate of fee satisfaction.

(3) Where the Tribunal does not accept a notice of appeal, it must—

(a)notify the person providing the notice of appeal and the respondent; and

(b)take no further action on that notice of appeal.

Response: entry clearance casesU.K.

23.—(1) This rule applies to an appeal against a refusal of entry clearance F10....

(2) When a respondent is provided with a copy of a notice of appeal from a refusal of entry clearance F11..., the respondent must provide the Tribunal with—

(a)the notice of the decision to which the notice of appeal relates and any other document the respondent provided to the appellant giving reasons for that decision;

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any statement of evidence or application form completed by the appellant;

(d)any record of an interview with the appellant in relation to the decision being appealed;

(e)any other unpublished document which is referred to in a document mentioned in sub-paragraph (a) or relied upon by the respondent; F13...

(f)the notice of any other appealable decision made in relation to the appellant [F14; and

(g)any documents provided to the respondent in support of the original application.]

(3) The respondent must send to the Tribunal and the other parties the documents listed in paragraph (2) within 28 days of the date on which the respondent received from the Tribunal a copy of the notice of appeal and any accompanying documents or information provided under rule 19(6).

Textual Amendments

F14Rule 23(2)(g) and word substituted for full stop (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(8)(c)

Response: other casesU.K.

24.—(1) Except in appeals to which rule 23 applies, when a respondent is provided with a copy of a notice of appeal, the respondent must provide the Tribunal with—

(a)the notice of the decision to which the notice of appeal relates and any other document the respondent provided to the appellant giving reasons for that decision;

(b)any statement of evidence or application form completed by the appellant;

(c)any record of an interview with the appellant in relation to the decision being appealed;

(d)any other unpublished document which is referred to in a document mentioned in sub-paragraph (a) or relied upon by the respondent; F15...

(e)the notice of any other appealable decision made in relation to the appellant [F16; and

(f)any documents provided to the respondent in support of the original application.]

F17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The documents listed in paragraph (1) F18... must be provided in writing within 28 days of the date on which the Tribunal sent to the respondent a copy of the notice of appeal and any accompanying documents or information provided under rule 19(6).

Textual Amendments

F16Rule 24(1)(f) and word substituted for full stop (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(9)(a)(ii)

[F19Further StepsU.K.

24A.—(1) If the appellant is represented, upon the respondent complying with rule 23(2) or rule 24(1), as the case may be, the appellant must provide the Tribunal with—

(a)an appeal skeleton argument which complies with any relevant practice direction; and

(b)copies of the evidence relied upon in the appeal skeleton argument, insofar as that evidence is not already contained in the documents provided by the respondent under rule 23(2) or rule 24(1).

(2) The documents in paragraph (1) are to be provided to the Tribunal within 28 days after the respondent complies with rule 23(2) or rule 24(1), as the case may be, or within 42 days after the notice of appeal is provided to the Tribunal, whichever is later.

(3) The respondent must no later than 14 days after compliance with paragraph (1) provide to the Tribunal and the appellant a written statement which complies with any relevant practice direction, of whether the respondent opposes all or part of the appellant’s case and if so the grounds for such opposition.

(4) A practice direction may disapply the requirement in paragraph (1) in a specified category of case.]

Textual Amendments

CHAPTER 2U.K.Hearings

Consideration of decision with or without a hearingU.K.

25.—(1) The Tribunal must hold a hearing before making a decision which disposes of proceedings except where—

(a)each party has consented to, or has not objected to, the matter being decided without a hearing;

(b)the appellant has not consented to the appeal being determined without a hearing but the Lord Chancellor has refused to issue a certificate of fee satisfaction for the fee payable for a hearing;

(c)the appellant is outside the United Kingdom and does not have a representative who has an address for service in the United Kingdom;

(d)it is impracticable to give the appellant notice of the hearing;

(e)a party has failed to comply with a provision of these Rules, a practice direction or a direction and the Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing;

(f)the appeal is one to which rule 16(2) or 18(2) applies; or

(g)subject to paragraph (2), the Tribunal considers that it can justly determine the matter without a hearing.

(2) Where paragraph (1)(g) applies, the Tribunal must not make the decision without a hearing without first giving the parties notice of its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.

(3) This rule does not apply to decisions under Part 4 or Part 5.

Notice of hearingsU.K.

26.  The Tribunal must give each party entitled to attend a hearing reasonable notice of the time and place of the hearing (including any adjourned or postponed hearing) and any changes to the time and place of the hearing.

Public and private hearingsU.K.

27.—(1) Subject to the following paragraphs and to section 108 of the 2002 Act, all hearings must be held in public.

(2) The Tribunal may give a direction that a hearing, or part of it, is to be held in private.

[F20(2A) Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a)the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b)it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(c)a media representative is not able to access the proceedings remotely while they are taking place; and

(d)such a direction is necessary to secure the proper administration of justice.]

(3) Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is permitted to attend the hearing or part of it.

(4) The Tribunal may give a direction excluding from any hearing, or part of it—

(a)any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing;

(b)any person whose presence the Tribunal considers is likely to prevent another person from giving evidence or making submissions freely;

(c)any person who the Tribunal considers should be excluded in order to give effect to a direction under rule 13(2) (withholding a document or information likely to cause serious harm); or

(d)any person where the purpose of the hearing would be defeated by the attendance of that person.

(5) The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

Textual Amendments

[F21Coronavirus temporary rule (recording of remote hearings)U.K.

27A.—(1) In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

(2) Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

(3) The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

(a)held in private under rule 27(2A); or

(b)only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.

[F22(4) On the application of any person, any recording made pursuant to a direction under paragraph (1) is to be accessed with the consent of the Tribunal in such manner as the Tribunal may direct.]]

Textual Amendments

F22Rule 27A(4) inserted (temp.) (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 10(5) (with rule 1(2))

Hearing in a party's absenceU.K.

28.  If a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—

(a)is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and

(b)considers that it is in the interests of justice to proceed with the hearing.

CHAPTER 3U.K.Decisions

Decisions and notice of decisionsU.K.

29.—(1) The Tribunal may give a decision orally at a hearing.

(2) Subject to rule 13(2) (withholding information likely to cause serious harm), the Tribunal must provide to each party as soon as reasonably practicable after making a decision (other than a decision under Part 4) which disposes of the proceedings—

(a)a notice of decision stating the Tribunal's decision; and

(b)notification of any right of appeal against the decision and the time within which, and the manner in which, such right of appeal may be exercised.

(3) Where the decision of the Tribunal relates to—

(a)an asylum claim or a humanitarian protection claim, the Tribunal must provide, with the notice of decision in paragraph (2)(a), written reasons for its decision;

(b)any other matter, the Tribunal may provide written reasons for its decision but, if it does not do so, must notify the parties of the right to apply for a written statement of reasons.

(4) Unless the Tribunal has already provided a written statement of reasons, a party may make a written application to the Tribunal for such statement following a decision which disposes of the proceedings.

(5) An application under paragraph (4) must be received within 28 days of the date on which the Tribunal sent or otherwise provided to the party a notice of decision relating to the decision which disposes of the proceedings.

(6) If a party makes an application in accordance with paragraphs (4) and (5) the Tribunal must, subject to rule 13(2) (withholding a document or information likely to cause serious harm), send a written statement of reasons to each party as soon as reasonably practicable.

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