Site icon Law, mostly.

UPDATED: Immigration law time limits cheat sheet

[UPDATE: the cheat sheet was amended on 8 March 2018 to correct an error in section 5, which previously referred to ’38 working days’ instead of ’38 days’. My sincere apologies for that error and thanks to Zarina Rahman for drawing it to my attention. It was further amended on 21 March 2018 to add new time limits for applications to the UK Supreme Court. A further update was made on 21 May 2018 to reflect the changes to the First-tier Tribunal’s procedure rules. Thanks to Ubah Dirie for pointing out this change].

One of the more frustrating elements of the modern immigration law landscape is the fact that those affected will often interact with a number of different decision-makers who are themselves subject to a variety of laws and policies.

Important time limits are not always displayed (or displayed correctly) on immigration decision letters, there are many different deadlines which makes them difficult to memorise, and they are governed by rules that are widely dispersed across half a dozen different documents.

To help you navigate the minefield / system, I’ve produced a short summary of the key time limits.

DOWNLOAD YOUR FREE CHEAT SHEET IN PDF

 

IMMIGRATION LAW TIME LIMITS CHEAT SHEET (Version 4, 21 May 2018)

 

Abbreviations:
PTA: permission to appeal
F-tT: First-tier Tribunal
UT: Upper Tribunal
JR: judicial review
TWM: ‘totally without merit’

Application for Administrative Review of an eligible decision

 

Appeal to the F-tT following refusal of a human rights / protection / asylum claim or relevant EEA decision: 

 

Application to the F-tT for PTA to the UT:

 

Application to the UT for PTA to the UT following the F-tT’s refusal of PTA:

 

Application to the UT for PTA to the Court of Appeal following dismissal of a statutory appeal by the UT:

 

Application to the Court of Appeal for PTA following the UT’s refusal of PTA in a statutory appeal:

 

Application for judicial review to the UT or High Court

 

Application to the Court of Appeal for PTA following the UT’s refusal to grant permission for JR after an oral renewal hearing, or on the papers with a TWM finding:

 

Application for PTA to the Court of Appeal following dismissal of JR by the UT after final hearing:

 

Application for permission to JR the UT’s refusal of PTA against a F-tT determination (‘Cart JR’) 

 

Application for PTA to the Court of Appeal following refusal of permission to apply for JR in a Cart JR at a hearing by the High Court

 

Application for PTA to the Court of Appeal following refusal on the papers of permission to apply for JR in a Cart JR by the High Court and a TWM finding

 

Application for PTA to the UK Supreme Court against a Court of Appeal judgment

IMPORTANT NOTE

This cheat sheet is not a substitute for the statutory provisions and should not be relied upon as legal advice, nor as creating a barrister-solicitor or a barrister-client relationship. You must always check the applicable law and statutes in force at the date of use. Many of the above deadlines run from the date that a relevant decision was ‘sent’ to the Appellant / their representative by the Tribunals. In practice, this may lead to shortening of already tight deadlines if notices of decision are delayed in the post. This highlights the importance of good postal record keeping and prompt responses (including, where necessary, timely applications for an extension of time).

References

[1] Immigration Rules paragraph 34R(1).

[2] SI 2014/2604, r 19(2).

[3] SI 2014/2604, r 19(3)(b).

[4] SI 2014/2604, r 19(3)(a).

[5] SI 2014/2604, r 33(2) as amended by r 4(2) of the Tribunal Procedure (Amendment) Rules 2018/511.

[6] SI 2014/2604, r 33(3) as amended.

[7] SI 2008/2698, r 21(3)(aa)(i).

[8] SI 2008/2698, r 21(3)(b).

[9] SI 2008/2698, r 44(3A) to (3C).

[10] SI 2008/2698, r 44(3A) to (3C).

[11] SI 2008/2698, r 44(3A) to (3C).

[12] CPR, Practice Direction 52D, paragraph 3.3.

[13] CPR r.54.5(1).

[14] CPR r.52.9(3).

[15] CPR r.52.12(2)(b).

[16] CPR 54.7A(3).

[17] CPR r.52.8(3).

[18] CPR r.52.8(4).

[19] Supreme Court Rules 2009/1603, r. 11.

[20] Supreme Court Rules 2009/1603, r. 11 and 5(5).

Exit mobile version