Case No. UKUT-00410-(IAC)

(1) An appeal under section 82(1) is pending during the period—(a) beginning when it is instituted, and(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).(2) An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while -(a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,(b) permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or(c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.(4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to [subsection (4B)] 5 ). (4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on [a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection)] 6 where the appellant– (b) gives notice, in accordance with [Tribunal Procedure Rules]These provisions of primary legislation must be considered in tandem with those of the 2007 Act rehearsed above.”8. While the principal ingredients of the statutory matrix are Sections 12 and 13 of the 2007 Act, we begin with