Legislation – Illegal Migration Act 2023

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Legal proceedings

49Appeals in relation to suspensive claims: timing

(1)

Tribunal Procedure Rules must secure that in relation to an appeal under section 44(2) (appeal against decision to refuse suspensive claim)—

(a)

the notice of appeal must be given to the Upper Tribunal within the period of 7 working days beginning with—

(i)

the day on which the appellant was given notice of the decision against which the appeal is brought, or

(ii)

where permission to appeal has been granted under section 45(2), the day on which the appellant was given notice of the Upper Tribunal’s decision to grant such permission;

(b)

the Upper Tribunal must make a decision on the appeal, and give notice of that decision to the parties, within the period of 23 working days beginning with the day on which the appellant gave notice of appeal to the Upper Tribunal.

(2)

Tribunal Procedure Rules must secure that in relation to an application for permission to appeal under section 45(2) (permission to appeal: claims certified as clearly unfounded)—

(a)

the application must be made to the Upper Tribunal within the period of 7 working days beginning with the day on which the applicant was given notice that the Secretary of State had certified the person’s suspensive claim as clearly unfounded;

(b)

the Upper Tribunal must determine the application, and give notice of that determination to the parties, within the period of 7 working days beginning with the day on which the application was made to the Upper Tribunal.

(3)

Tribunal Procedure Rules must secure that in relation to an application for a declaration under section 46(4) (out of time claims)—

(a)

the application must be made to the Upper Tribunal within the period of 7 working days beginning with the day on which the applicant was given notice of the decision in relation to which the application is brought;

(b)

(4)

But Tribunal Procedure Rules must—

(a)

secure that the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in a particular case, order that any period of time mentioned in subsection (1), (2) or (3) is to be extended to such period as the Upper Tribunal may order, and

(b)

without prejudice to paragraph (a), secure that the Upper Tribunal may order that any period of time mentioned in subsection (1)(b) or (2)(b) is to be extended by a period of up to 3 working days where a new matter (within the meaning of section 48(4)) is raised in the course of the appeal or application.