Upper Tribunal Immigration and Asylum Chamber

[2025] UKUT 00350 (IAC)

Fecha: 09-Ene-2025

Procedure Rules

32.

S. 22 of the Tribunal, Courts and Enforcement Act 2007 (‘the 2007 Act’) confers on the Tribunal Procedure Committee the function of making Procedure Rules ‘governing – (a) the practice and procedure to be followed in the First-tier Tribunal, and (b) the practice and procedure to be followed in the Upper Tribunal’ (s.22(1)). That function is statutorily required to be exercised ‘with a view to securing – (a) that, in proceedings before the First-tier Tribunal and Upper Tribunal, justice is done, (b) that the tribunal system is accessible and fair, (c) that proceedings before the First-tier Tribunal or Upper Tribunal are handled quickly and efficiently, (d) that the rules are both simple and simply expressed, and (e) that the rules where appropriate confer on members of the First-tier Tribunal, or Upper Tribunal, responsibility for ensuring that proceedings before the tribunal are handled quickly and efficiently’. Schedule 5(1), which makes further provision about the content of Procedure Rules, provides by paragraph 7 that they ‘may – (a) make provision for dealing with matters without a hearing; (b) make provision as respects allowing or requiring a hearing to be in private or as respects allowing or requiring a hearing to be in public’.

33.

Rule 2 of the First-tier Tribunal (Immigration and Asylum) Procedure Rules 2014 (‘Overriding objective and parties’ obligation to co-operate with the Tribunal’) provides:

‘(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.

(2)

Dealing with the case fairly and justly includes:

(a)

dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;

(b)

avoiding unnecessary formality and seeking flexibility in the proceedings;

(c)

ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;

(d)

using any special expertise of the Tribunal effectively; and

(e)

avoiding delay, so far as compatible with proper consideration of the issues.

(3)

The Tribunal must seek to give effect to the overriding objective when it—

(a)

exercises any power under these Rules; or

(b)

interprets any rule or practice direction.

(4)

Parties must—

(a)

help the Tribunal to further the overriding objective; and

(b)

co-operate with the Tribunal generally.’

34.

Rule 25 (‘Consideration of decision with or without a hearing’) also materially provides:

‘(1) The Tribunal must hold a hearing before making a decision which disposes of proceedings except where—

(a)

each party has consented to, or has not objected to, the matter being decided without a hearing;

(b)

the appellant has not consented to the appeal being determined without a hearing but the Lord Chancellor has refused to issue a certificate of fee satisfaction for the fee payable for a hearing;

(c)

the appellant is outside the United Kingdom and does not have a representative who has an address for service in the United Kingdom;

(d)

it is impracticable to give the appellant notice of the hearing;

(e)

a party has failed to comply with a provision of these Rules, a practice direction or a direction and the Tribunal is satisfied that in all the circumstances, including the extent of the failure and any reasons for it, it is appropriate to determine the appeal without a hearing;

(f)

the appeal is one to which rule 16(2) or 18(2) applies; or

(g)

subject to paragraph (2), the Tribunal considers that it can justly determine the matter without a hearing.

(2)

Where paragraph (1)(g) applies, the Tribunal must not make the decision without a hearing without first giving the parties notice of its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.’