OpenLegislation

Article 8 Time limit for appealing or for applying for reviewF13I1

United Kingdom

(1)

Subject to the following paragraphs of this rule, a notice of appeal to the Commission under the 1997 Act F1, section 97A(3) of the 2002 Act or regulation 7 of the 2020 Regulations F2or a notice of application for review under the 1997 Act must be given—

(a)

if the appellant is in detention under the Immigration Acts F3... when he is served with notice of the decision against which he wishes to appeal F4or direction or decision in respect of which he wishes to apply for review, not later than 5 days after he is served with that notice;

(b)

otherwise—

(i)

if the appellant is in the United Kingdom, not later than 10 days; or

(ii)

if the appellant is outside the United Kingdom, not later than 28 days,

after the appellant is served with notice of the decision against which he wishes to appeal F5or direction or decision in respect of which he wishes to apply for review.

(2)

Where the appellant—

(a)

is in the United Kingdom when he is served with notice of the decision against which he wishes to appeal; and

(b)

may not appeal against the decision while in the United Kingdom by reason of section 2(5) of the 1997 Actf1 F6or regulation 15 of the 2020 Regulations,

a notice of appeal against the decision must be given not later than 28 days after his departure from the United Kingdom.

(3)

Paragraph (4) applies where—

(a)

the appellant has given notice of appeal under Part 5 of the 2002 Act against a decision (“the previous appeal”); and

(b)

the previous appeal has lapsed due to a certificate being issued under section 97 of the 2002 Act while the appeal was pending.

(4)

Where this paragraph applies, a notice of appeal to the Commission against the decision which was the subject of the previous appeal must be given—

(a)

if the appellant is in detention under the Immigration Acts F7... when he is served with notice that the previous appeal has lapsed, not later than 5 days after he is served with that notice;

(b)

otherwise—

(i)

if the appellant is in the United Kingdom, not later than 10 days; or

(ii)

if the appellant is outside the United Kingdom, not later than 28 days,

after the appellant is served with notice that the previous appeal has lapsed.

F8(4A)

Where a person is served with notice of certification under section 2C(1)(a) F9, section 2D(1)(b) or section 2F(1)(c) of the 1997 Act, the date from which the time limit for giving a notice of application for review under paragraph (1) begins is the later of the following—

(a)

the date he is served with that notice of certification; or

(b)

the date on which this paragraph came into force.

F10(4B)

Paragraph (4C) applies where—

(a)

an appellant (“A”) applies for an administrative review of an appealable decision (“the original decision”) under the relevant rules, and

(b)

A had not, before A receives notice of the decision on administrative review, given a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision.

(4C)

Where this paragraph applies, A must give a notice of appeal to the Commission under regulation 7 of the 2020 Regulations against the original decision—

(a)

if A is in detention under the Immigration Acts, not later than 5 days after A receives the notice of the decision on administrative review;

(b)

otherwise—

(i)

if A is in the United Kingdom, not later than 10 days after A receives the notice of the decision on administrative review, or

(ii)

if A is outside the United Kingdom, subject to paragraph (4D), not later than 28 days after A receives the notice of the decision on administrative review.

(4D)

Where A—

(a)

is in the United Kingdom when A receives the notice of the decision on administrative review, and

(b)

may not appeal against the original decision while in the United Kingdom by reason of regulation 15 of the 2020 Regulations,

a notice of appeal against the original decision must be given not later than 28 days after A's departure from the United Kingdom.

(4E)

In this rule—

  • “appealable decision” has the meaning given in regulation 2 of the 2020 Regulations;

  • F11“relevant rules” means—

    1. (a)

      F12Appendix AR(EU) and Appendix AR (administrative review) to the immigration rules,

    2. (b)

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

(5)

The Commission may extend the time limits in this rule if satisfied that by reason of special circumstances it would be unjust not to do so.

Annotations

Textual amendments

F1

Words in rule 8(1) substituted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(5)(a)

F2

Words in rule 8(1) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 10(a)

F3

Words in rule 8(1)(a) omitted (7.5.2007) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 7(b) (with rule 35)

F4

Words in rule 8(1)(a) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 10(b)

F5

Words in rule 8(1)(b) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 10(c)

F6

Words in rule 8(2)(b) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(5)(b)

F7

Words in rule 8(4)(a) omitted (7.5.2007) by virtue of The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 7(b) (with rule 35)

F8

Rule 8(4A) inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 10(d)

F9

Words in rule 8(4A) substituted (28.6.2022) by The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022 (S.I. 2022/571), regs. 1(2), 2(4)

F10

Rule 8(4B)-(4E) inserted (31.1.2020) by The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 4(5)(c)

F11

Words in rule 8(4E) substituted (4.11.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2), 25(2)

F12

Words in rule 8(4E) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 3(2)(a)

F13

Words in rule 8 heading inserted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 9

Commencement

I1

Rule 8 in force at 1.4.2003, see rule 1

Footnotes

f1

1997 c. 68. Section 2 is substituted by paragraph 20 of Schedule 7 to the 2002 Act.

Notes on Part 2

Textual amendments

F1

Pt. 2 heading substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 5