Article 6 Giving notice of appeal

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Rules revoked by Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) 2014 rule 45 Table 1
Rules modified by Transfer of Functions of the Asylum and Immigration Tribunal 2010 art. 4
rule 6(2) words substituted by Tribunal Procedure 2011 rule 4(a)
rule 6(3) words inserted by Tribunal Procedure 2011 rule 4(b)
rule 6(4)(6) omitted by Tribunal Procedure 2011 rule 4(c)
rule 6(1)-(3) applied (with modifications) by Asylum and Immigration Tribunal (Fast Track Procedure) 2005 rule 6(a)

(1)

An appeal to the Tribunal may only be instituted by giving notice of appeal against a relevant decision in accordance with these Rules.

(2)

Subject to paragraphs (3) and (4), notice of appeal must be given by filing it with the Tribunal in accordance with rule 55(1).

(3)

A person who is in detention under the Immigration Acts may give notice of appeal either—

(a)

in accordance with paragraph (2); or

(b)

by serving it on the person having custody of him.

(4)

A person who is outside the United Kingdom and wishes to appeal against a decision of an entry clearance officer may give notice of appeal either—

(a)

in accordance with paragraph (2); or

(b)

by serving it on the entry clearance officer.

(5)

Where a notice of appeal is served on a custodian under paragraph (3)(b), that person must—

(a)

endorse on the notice the date that it is served on him; and

(b)

forward it to the Tribunal within 2 days.

(6)

Where a notice of appeal is served on an entry clearance officer under paragraph (4)(b), the officer must—

(a)

endorse on the notice the date that it is served on him;

(b)

forward it to the Tribunal as soon as reasonably practicable, and in any event within 10 days; and

(c)

if it is practicable to do so within the time limit in sub-paragraph (b), send to the Tribunal with the notice of appeal a copy of the documents listed in rule 13(1).