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The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 34 is up to date with all changes known to be in force on or before 20 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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34.—(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.]
Textual Amendments
F1Words 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)
F2Rule 34(3)(4) inserted (1.11.2013) by The Tribunal Procedure (Amendment No. 4) Rules 2013 (S.I. 2013/2067), rules 1, 14(b)
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