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PART 3Reconsideration of Appeals etc.

SECTION 3Applications for permission to appeal to the appropriate appellate court

Applying for permission to appeal

34.—(1) An application to the Tribunal under this Section must be made by filing with the Tribunal an application notice for permission to appeal.

(2) The application notice for permission to appeal must—

(a)be in the appropriate prescribed form;

(b)state the grounds of appeal; and

(c)be signed by the applicant or his representative, and dated.

(3) If the application notice is signed by the applicant’s representative, the representative must certify in the application notice that he has completed the application notice in accordance with the applicant’s instructions.

(4) As soon as practicable after an application notice for permission to appeal is filed, the Tribunal must notify the other party to the appeal to the Tribunal that it has been filed.

Time limit for application

35.—(1) In application notice for permission to appeal must be filed in accordance with rule 34—

(a)if the applicant is in detention under the Immigration Acts when he is served with the Tribunal’s determination, not later than 5 days after he is served with that determination;

(b)in any other case, not later than 10 days after he is served with the Tribunal’s determination.

(2) The Tribunal may not extend the time limits in paragraph (1).

Determining the application

36.—(1) An application for permission to appeal must be determined by a senior immigration judge without a hearing.

(2) The Tribunal may either grant or refuse permission to appeal.

(3) Where the Tribunal intends to grant permission to appeal it may, if it thinks that the Tribunal has made an administrative error in relation to the proceedings, instead set aside the Tribunal’s determination and direct that the proceedings be reheard by the Tribunal.

(4) The Tribunal must serve on every party written notice of its decision, including its reasons, which may be in summary form.