Christmas time

Free Movement — 
Christmas rules

Christmas rules

Just a reminder that time does not run over the Christmas period for lodging appeals in the First-tier Tribunal against its decisions. See the Asylum and Immigration Tribunal (Procedure) Rules 2005 (as heavily amended) rule 2 definition of ‘business day’, which excludes 25 to 31 December, read with rule 57, which defines any period of 10 days or less as being one that excludes business days.

The same applies in the Upper Tribunal in immigration cases by virtue of the Tribunal Procedure (Upper Tribunal) Rules 2008 rule 12(3A) read with rule 21(3)(aa).

The tribunal itself forgot one year not so long ago and refused a bunch of applications as out of time, thereby effectively terminating welfare support and accommodation for those appellants. Happy Christmas and all that.

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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.

2 responses to Christmas time

  1. Paul Richardson

    But deemed date of service can still be within these dates. See FS (Service of determination) Eritrea [2007] UKAIT 00084.

  2. Happy New Year FM. Thanks a lot for this:

    Helps a lot with a dude’s case.