Tsering Lama v Secretary of State for the Home Department

APPENDIX DIRECTIONS Note: In these directions, “Appellant” means the party (including any representative) who has been granted permission to appeal to the Upper Tribunal against the decision of the First-tier Tribunal (the “FtT”) and “Respondent” means any other person (including any representative) who was a party before the FtT.

1. These Directions of the Upper Tribunal (“the Tribunal”) apply in this case in which permission to appeal has been granted. They must be followed unless varied, substituted or supplemented by further directions.

2. The parties are reminded that any failure to comply with these directions may result in the Tribunal making an adverse order pursuant to its power under Rule 10 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (“the Rules”).

3. These Directions seek to give effect to the requirement in Rule 2 of the Rules to deal with cases fairly and justly and all other aspects of the overriding objective. The parties are reminded of their obligation pursuant to Rule 2(4) to help the Tribunal to achieve that objective and to co-operate with the Tribunal generally.

4. There is a presumption that, in the event of the Tribunal deciding that the decision of the FtT is to be set aside as erroneous in law, the re-making of the decision will take place at the same hearing. The fresh decision will normally be based on the evidence before the FtT and any further evidence admitted (see [5] below), together with the parties’ arguments. The parties must be prepared accordingly in every case.

5. The Tribunal is empowered to permit new or further evidence to be admitted in the re-making of a decision. In any case where this facility is sought the parties must comply with Rule 15(2A) which is in these terms: In an asylum case or an immigration case – (a) if a party wishes the Upper Tribunal to consider evidence that was not before the First-tier Tribunal, that party must send or deliver a notice to the Upper Tribunal and any other party – (i) indicating the nature of the evidence; and (ii) explaining why it was not submitted to the First-tier Tribunal; and (b) when considering whether to admit evidence that was not before the First-tier Tribunal, the Upper Tribunal must have regard to whether there has been unreasonable delay in producing that evidence. A failure to comply with Rule 15(2A) will be regarded as a serious matter and may result in fresh or further evidence not being considered by the Tribunal.

6. The following timetable has been set for this appeal: (i) If the Respondent wishes to provide a response pursuant to Rule 24 the time limit for doing so is one month from the date of these Directions. If the Respondent decides not to provide a response, this must be notified in writing to the Tribunal and the Appellant within the same time limit. (ii) If a response is provided pursuant to (i) above the Appellant must provide any reply within ten working days before the hearing of the appeal at latest. (iii) Any notice by the Respondent pursuant to Rule 15(2A) must be sent with any Rule 24 response within the time limit specified in (i) above or with the notification that no response is proposed. (iv) Any notice by the Appellant pursuant to Rule 15(2A) must be sent ten working days before the hearing of the appeal at l atest . (v) All notices pursuant to Rule 15(2A) must be accompanied by an indexed and paginated bundle of documents, including all the material that was before the FtT together with a supplementary indexed and paginated bundle of the proposed new evidence or where feasible, an extended version of the FtT bundle. (vi) Both parties shall, at latest five working days prior to the scheduled hearing of the appeal, contact the Tribunal for the purpose of confirming that all bundles and any other materials considered by the FtT and/or as directed above are available for distribution to the judge/s and taking any other appropriate steps to this end.

7. Where a skeleton argument is directed by the Tribunal or considered appropriate by a party this will be filed and served no later than three clear working days before the scheduled hearing date together with copies of any relevant authorities.

8. Any request for the services of an interpreter must be made to the Tribunal in writing, at latest seven days in advance of the scheduled hearing date.

9. The parties will receive written notification of the hearing date in due course. All hearings in the Tribunal are listed at 10.00 hours unless otherwise notified.