Explanatory note

Rule 2 amends the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604).

Rule 2(2) and 2(3) make amendments to introduce case management appointments, which are intended to be conducted by Tribunal Caseworkers to allow parties to make representations to Tribunal Caseworkers who are exercising case management powers. It serves to maintain a clear distinction between Tribunal Caseworkers and Judges and their different roles in dealing with appeals.

Rule 2(4) clarifies that the Tribunal may substitute the name of an appellant once proceedings are underway.

Rule 2(5) makes express provision for the use of the Tribunal’s online portal.

Rule 2(6) inserts a new Rule 12A (providing contact details), which requires appellants to provide the Tribunal with contact details. It creates an express duty on the respondent to notify the Tribunal where an appellant is removed or deported, whilst Tribunal proceedings are underway. It also requires the respondent to obtain contact details for the appellant in the country to which they are removed or deported and to provide these details to the Tribunal.

Rule 2(7) makes amendments to Rule 19 (notice of appeal) to simplify the information that must be provided when an appeal is initially lodged, and inserts a new paragraph (8) to Rule 19 to allow practice directions to require specified categories of case to set out full grounds of appeal.

Rule 2(8) amends Rule 23 (response: entry clearance cases) and Rule 2(9) amends Rule 24 (response: other cases) to require the respondent to provide the Tribunal with any document that has been provided by the appellant in support of their application.

Rule 2(10) inserts a new Rule 24A (further steps) to require represented appellants to submit an appeal skeleton argument and to make provision for dealing with the respondent’s written statement in reply to that appeal skeleton argument.

Rule 2(11) amends Rule 33(7) (application for permission to appeal to the Upper Tribunal) to make express the Tribunal’s power to refuse to admit a late application for permission to appeal.

Rule 2(12) amends Rule 38(3) (bail applications) to require bail applications to include details of any material change in circumstances where an application was previously refused less than 28 days before the application.

Rule 3 amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698).

Rule 3(2) amends Rule 13 (sending and delivery of documents) to clarify when documents are deemed to be received by the Tribunal in judicial review proceedings.

Rule 3(4) amends Rule 22 (decision in relation to permission to appeal) to confer a power on Upper Tribunal judges when refusing applications for permission to appeal, to certify the application as being “totally without merit”. The consequence of such certification is to remove the right for an applicant to seek to renew the application at an oral hearing.

Rule 3(5) amends Rule 24 (response to the notice of appeal) to widen the terms of the rule so as to conform more closely with Rule 52.13(2) of the Civil Procedure Rules 1998 (S.I. 1998/3132) and to accommodate applications for permission to appeal. Rule 3(3) amends Rule 21 (application to the Upper Tribunal for permission to appeal) as a consequence of the amendments to Rule 24.

Rule 4 amends the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 (S.I. 2010/2600). Rule 4(2) amends Rule 10(6) (orders for costs) to allow the Tribunal to make orders for costs in appeals brought under section 18 of the Land Compensation Act 1961 (c. 33).

No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.