Article 40 Decisions

(1)

The Upper Tribunal may give a decision orally at a hearing.

F1(1A)

Subject to paragraph (1B), in immigration judicial review proceedings, a decision which disposes of proceedings shall be given at a hearing.

(1B)

Paragraph (1A) 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.

(2)

F2Except where F3rule 22 (decision in relation to permission to appeal) F4... applies, F5... the Upper Tribunal must provide to each party as soon as reasonably practicable after making F6a decision (other than a decision under Part 7) which finally disposes of all issues in the proceedings or of a preliminary issue dealt with following a direction under rule 5(3)(e)—

(a)

a decision notice stating the F7Upper Tribunal's decision; and

(b)

notification of any rights of review or appeal against the decision and the time and manner in which such rights of review or appeal may be exercised.

(3)

F8Subject to rule F914(11) (prevention of disclosure or publication of documents and information), the Upper Tribunal must provide written reasons for its decision with a decision notice provided under paragraph (2)(a) unless—

(a)

the decision was made with the consent of the parties; or

(b)

the parties have consented to the Upper Tribunal not giving written reasons.

(4)

The F10Upper Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

F11(5)

In a national security certificate appeal, when the Upper Tribunal provides a notice or reasons to the parties under this rule, it must also provide the notice or reasons to the relevant Minister and the F12Information Commission, if they are not parties.

Annotations

Textual amendments

F1: Rule 40(1A)(1B) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 16
F2: Words in rule 40(2) inserted (15.2.2010) by The Tribunal Procedure (Amendment No. 2) Rules 2010 (S.I. 2010/44), rules 1, 19
F3: Words in rule 40(2) substituted (20.10.2014) by The Tribunal Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/2128), rules 1(b), 14
F4: Words in rule 40(2) omitted (25.12.2023) by virtue of The Tribunal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/1280), rules 1, 3(4)
F5: Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)
F6: Words in rule 40(2) substituted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(a)
F7: Word in rule 40(2)(a) inserted (1.4.2013) by The Tribunal Procedure (Amendment) Rules 2013 (S.I. 2013/477), rules 1(2)(c), 56(b)
F8: Words in rule 40(3) inserted (1.4.2009) by Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(b)
F9: Words in rule 40(3) substituted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(a)
F10: Word in rule 40(4) inserted (1.9.2009) by The Tribunal Procedure (Amendment No. 2) Rules 2009 (S.I. 2009/1975), rules 1, 21(b)
F11: Rule 40(5) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 13
F12: Words in rule 40(5) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 3 para. 10(2)(a); S.I. 2026/1015, reg. 2(c)