Paragraph 36 Duty to treat a request for a review as an application for permission to appeal

The First-tier Tribunal must treat a request for a review under rule 35 (review of a decision) as also being an application for permission to appeal under rule 33 (application for permission to appeal against a decision of the First-tier Tribunal), unless the F1party who requests the review states expressly that they do not wish it to be so treated.

Where F2the party who requests the review is given notice of a review decision under rule 35(7) (notice of decision on a review to be sent as soon as reasonably practicable), F3the party is to be given the opportunity to state whether or not F4the party wishes to proceed with an appeal.