Updates, commentary, training and advice on immigration and asylum law
Revised rules for First-tier Tribunal appeals

Revised rules for First-tier Tribunal appeals

There is a new Practice Direction and a new Practice Statement for the First-tier Tribunal (Immigration and Asylum Chamber). Both were published yesterday and replace previous versions that applied to both the First-tier and Upper immigration tribunals.

The Practice Direction has rules about:

  • Online appeals
  • Case management hearings
  • Adjournments
  • Witness statements
  • Expert evidence
  • Child and vulnerable witnesses
  • Citing unreported decisions
  • Starred/country guidance decisions
  • Bail applications
  • Delegating to tribunal lawyers
  • Hearing transcripts/recordings
  • Judges’ formal titles

The Practice Statement covers many of the same issues but in more detail. In particular, it includes several annexes on the format and deadlines for documents in:

  • An online appeal on the MyHMCTS platform (Annex A)
  • An online appeal not using MyHMCTS (Annex B)
  • An online appeal by someone who doesn’t have a lawyer (Annex C)

There is supposed to be an Annex D containing guidance on vulnerable witnesses, but it seems to be missing. [Update: there is no Annex D, just an error in the contents which we understand is now being fixed.]

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.