Article 34 Decision with or without a hearing

(1)

Subject to F1paragraphs (2) and (3), the Upper Tribunal may make any decision without a hearing.

(2)

The Upper Tribunal must have regard to any view expressed by a party when deciding whether to hold a hearing to consider any matter, and the form of any such hearing.

F2(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.

Annotations

Textual amendments

F1: Words in rule 34(1) substituted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 14(a)
F2: Rule 34(3)(4) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 14(b)