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

CHAPTER 1 U.K. Before the Hearing

Notice of appeal U.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) [F5 identify 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

F1 Rule 19(3A)-(3E) inserted (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 6(4)

F2 Rule 19(3D) substituted (25.12.2023) by The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 5(2)

F3 Rule 19(3E) substituted (4.11.2020) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2), 26(2)

F4 Words in rule 19(3E) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a), 5(2)

F5 Words in rule 19(4)(a) substituted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(7)(a)(i)

F6 Rule 19(4)(d) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(7)(a)(ii)

F7 Rule 19(4)(e) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(7)(a)(ii)

F8 Rule 19(4)(f) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(7)(a)(ii)

F9 Rule 19(8) inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(7)(b)

Late notice of appeal U.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 appeal U.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 cases U.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

F10 Words in rule 23(1) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 39(4)(a) (with reg. 39(5)(6))

F11 Words in rule 23(2) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 39(4)(b) (with reg. 39(5)(6))

F12 Rule 23(2)(b) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(8)(a)

F13 Word in rule 23(2)(e) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(8)(b)

F14 Rule 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 cases U.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

F15 Word in rule 24(1)(d) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(9)(a)(i)

F16 Rule 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)

F17 Rule 24(2) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(9)(b)

F18 Words in rule 24(3) omitted (6.4.2022) by virtue of The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(9)(c)

[F19 Further Steps U.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

F19 Rule 24A inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(10)