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21. In rule 43 (setting aside a decision which disposes of proceedings)—
(a)in paragraph (3) at the beginning insert “Except where paragraph (4) applies,”; and
(b)after paragraph (3) insert—
“(4) In an asylum case or an immigration case, the written application referred to in paragraph (3) must be sent or delivered so that it is received by the Upper Tribunal—
(a)where the person who appealed to the First-tier Tribunal is in the United Kingdom at the time that the application is made, no later than twelve days after the date on which the Upper Tribunal or, as the case may be in an asylum case, the Secretary of State for the Home Department, sent notice of the decision to the party making the application; or
(b)where the person who appealed to the First-tier Tribunal is outside the United Kingdom at the time that the application is made, no later than thirty eight days after the date on which the Upper Tribunal sent notice of the decision to the party making the application.
(5) Where a notice of decision is sent electronically or delivered personally, the time limits in paragraph (4) are ten working days.”.
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