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The Tribunal Procedure (Upper Tribunal) Rules 2008

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Changes over time for: Section 34

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Point in time view as at 01/11/2013.

Changes to legislation:

The Tribunal Procedure (Upper Tribunal) Rules 2008, Section 34 is up to date with all changes known to be in force on or before 24 May 2025. 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. Help about Changes to Legislation

Decision with or without a hearing

This section has no associated Explanatory Memorandum

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.]

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