The Tribunal Procedure (Amendment No. 4) Rules 2013

omit the definition of “fresh claim proceedings”;

after the definition of “immigration case” insert—

• ““immigration judicial review proceedings” means judicial review proceedings which are designated as an immigration matter—

  1. (a)

     in a direction made in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005^f2 specifying a class of case for the purposes of section 18(6) of the 2007 Act; or

  2. (b)

     in an order of the High Court in England and Wales made under section 31A(3) of the Senior Courts Act 1981^f3, transferring to the Upper Tribunal an application of a kind described in section 31A(1) of that Act;”;

in the definition of “party”, before “Tribunal finally” insert “Upper”.

in the heading of that rule, for “fresh claim” substitute “immigration judicial review”;

in paragraph (1), for “fresh claim” substitute “immigration judicial review”.

in paragraph (1)^f1, for “fresh claim” at both places, substitute “immigration judicial review”;

in paragraph (2A)^f2, for “fresh claim” substitute “immigration judicial review”.

in paragraph (4), for “In” substitute “Subject to paragraph (4A), in”;

after paragraph (4), insert—

“(4A)

Where the Upper Tribunal refuses permission to bring immigration judicial review proceedings and considers the application to be totally without merit, it shall record that fact in its decision notice and, in those circumstances, the applicant may not request the decision to be reconsidered at a hearing.”;

in paragraph (5)^f1, for “fresh claim” substitute “immigration judicial review”.

in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;

after paragraph (2), insert—

“(3)

In immigration judicial review proceedings, the Upper Tribunal must hold a hearing before making a decision which disposes of proceedings.

(4)

Paragraph (3) does not affect the power of the Upper Tribunal to—

(a)

strike out a party’s case, pursuant to rule 8(1)(b) or 8(2);

(b)

consent to withdrawal, pursuant to rule 17;

(c)

determine an application for permission to bring judicial review proceedings, pursuant to rule 30; or

(d)

make a consent order disposing of proceedings, pursuant to rule 39,

without a hearing.”

in paragraph (1)^f1, for “paragraph (4A)” substitute “paragraphs (4A) and (4B)”;

in paragraph (4)^f2, for “or (3D)” substitute “, (3D) or (4C)”;

for paragraph (4A)^f3 substitute—

“(4A)

Where a decision that disposes of immigration judicial review proceedings is given at a hearing, a party may apply at that hearing for permission to appeal, and the Upper Tribunal must consider at the hearing whether to give or refuse permission to appeal.

(4B)

Where a decision that disposes of immigration judicial review proceedings is given at a hearing and no application for permission to appeal is made at that hearing—

(a)

the Upper Tribunal must nonetheless consider at the hearing whether to give or refuse permission to appeal; and

(b)

if permission to appeal is given to a party, it shall be deemed for the purposes of section 13(4) of the 2007 Act to be given on application by that party.

(4C)

Where a decision that disposes of immigration judicial review proceedings is given pursuant to rule 30 and the Upper Tribunal records under rule 30(4A) that the application is totally without merit, an application under paragraph (1) must be sent or delivered to the Upper Tribunal so that it is received within 7 days after the later of the dates on which the Upper Tribunal sent to the applicant—

(a)

written reasons for the decision; or

(b)

notification of amended reasons for, or correction of, the decision following a review.”;

in paragraph (7)(a)^f4, before “Tribunal” insert “Upper”.

in paragraph 10(c), before “Tribunal must” insert “Upper”;

in paragraph 11(b), before “Tribunal” insert “Upper”.

The amendments made by rule 13(a) and (b) (relating to rule 30(4) and (4A) of the Tribunal Procedure (Upper Tribunal) Rules 2008) do not apply to fresh claim proceedings where—

Fresh claim proceedings has the meaning in rule 1(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 as it was in force immediately before 1st November 2013.