The UTIAC London will be issuing Judicial Review orders and substantive decisions for statutory appeals electronically as of 3 February 2020 where an email address has been provided. pic.twitter.com/o3r0KG2gqo
— ILPA (@ILPAimmigration) January 7, 2020
As I tweeted at the time, one of the risks not mentioned in the letter is that some Tribunal users may not appreciate that a slightly shorter deadline applies to seeking permission to appeal against certain ‘e-decisions’ in statutory appeals due to the effect of the Upper Tribunal Procedure Rules 2008.
Time limits in immigration are notoriously fiddly – there are many of them found across different statutes and sets of rules but the key deadlines affected by this move are as follows:
In applications to the Upper Tribunal for permission to appeal to the Court of Appeal following dismissal of a statutory appeal by the UT:
- If applicant is in the UK at the time the application is made (and not detained): the application must be received by the UT no later than 12 working days after the applicant was sent the decision by post (or 10 working days if the decision was sent electronically or delivered personally);
- If applicant outside the UK at the time the application is made: the application must be received by the UT no later than 38 days after the applicant was sent the decision by post (or 10 working days if the decision was sent electronically or delivered personally);
- If applicant is detained in the UK: the application must be received by the UT no later than 7 working days after the applicant was sent the decision by post (or 5 working days if the decision was sent electronically or delivered personally).[1]
While you’re here, if that was at all helpful then click the button below…👇🏽
DOWNLOAD YOUR FREE CHEAT SHEET IN PDF
[1] SI 2008/2698, r 44(3A) to (3C).
