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Lawyers must lodge out of country appeals through MyHMCTS

Lawyers must lodge out of country appeals through MyHMCTS

Presidential Practice Statement (PPS) No1 of 2021 came into force on Monday 26 April 2021. You can access the note and annexes here. This expands upon, and replaces, Presidential Practice Statement No2 of 2020 by making it mandatory to lodge represented appeals from appellants outside of the UK via MyHMCTS unless it is not practicable to do so.  The statement also includes linked appeals where the appellant is represented.

If you haven’t already you can register for the service here.

The onus lies on the appellant to show why it is not reasonably practicable. Additionally to the catch-all  exception, the following situations are automatically deemed impracticable:

  • appeals under The Immigration (Citizens’ Rights Appeals) (EU Exit Regulations 2020);
  • if the appellant is outside the United Kingdom;
  • if the appellant is in detention;
  • any appeal brought by a person without representation by a qualified person within the meaning of s.84 of the Immigration and Asylum Act 1999; or
  • if the appellant’s appeal is linked to another appeal. (This applies where the appeal of one or more appellants is brought at the same time in circumstances in which those appeals raise common issues).

For more details see the statement. The annexes set out the standard directions.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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