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PART 6Decisions

Consent orders

39.—(1) The Upper Tribunal may, at the request of the parties but only if it considers it appropriate, make a consent order disposing of the proceedings and making such other appropriate provision as the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the [F1Upper] Tribunal need not hold a hearing before making an order under paragraph (1)F2....

Textual Amendments

F2Words in rule 39(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 20

Decisions

40.—(1) The Upper Tribunal may give a decision orally at a hearing.

[F3(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) [F4Except where [F5rule 22 (decision in relation to permission to appeal) F6...] applies,] F7... the Upper Tribunal must provide to each party as soon as reasonably practicable after making [F8a 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 [F9Upper] 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) [F10Subject to rule [F1114(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 [F12Upper] Tribunal may provide written reasons for any decision to which paragraph (2) does not apply.

[F13(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 Information Commissioner, if they are not parties.]

Textual Amendments

F7Words in rule 40(2) omitted (1.4.2009) by virtue of Tribunal Procedure (Amendment) Rules 2009 (S.I. 2009/274), rules 1, 21(a)

F13Rule 40(5) inserted (18.1.2010) by The Tribunal Procedure (Amendment) Rules 2010 (S.I. 2010/43), rules 1, 13

[F14Special procedure for providing notice of a decision relating to an asylum case

F1540A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments