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

CHAPTER 1 Before the Hearing

Notice of appeal

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.

(4) The notice of appeal must—

(a) set out the grounds of appeal;

(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;

(d) state whether the appellant requires an interpreter at any hearing and if so for which language and dialect;

(e) state whether the appellant intends to attend at any hearing; and

(f) state whether the appellant will be represented at any hearing.

(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.

Late notice of appeal

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)

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

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

23.—(1) This rule applies to an appeal against a refusal of entry clearance or a refusal of an EEA family permit (which has the meaning given in regulation 2(1) of the 2006 Regulations).

(2) When a respondent is provided with a copy of a notice of appeal from a refusal of entry clearance or a refusal of an EEA family permit, 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) a statement of whether the respondent opposes the appellant’s case and, if so, the grounds for such opposition;

(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; and

(f) the notice of any other appealable decision made in relation to the appellant.

(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).

Response: other cases

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; and

(e) the notice of any other appealable decision made in relation to the appellant.

(2) The respondent must, if the respondent intends to change or add to the grounds or reasons relied upon in the notice or the other documents referred to in paragraph (1)(a), provide the Tribunal and the other parties with a statement of whether the respondent opposes the appellant’s case and the grounds for such opposition.

(3) The documents listed in paragraph (1) and any statement required under paragraph (2) 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).