When is the deadline for application to the upper tribunal for permission to appeal after refusal by the first-tier tribunal?
The catalogue records a 1 month period from The date on which the First-tier Tribunal sent notice of its refusal of permission to appeal, or refusal to admit the application for permission, to the appellant. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 month
- Trigger
- The date on which the First-tier Tribunal sent notice of its refusal of permission to appeal, or refusal to admit the application for permission, to the appellant
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Extendable under rule 5(3)(a) of the Upper Tribunal Rules, but rule 21(6)(b) provides that unless the Upper Tribunal extends time "the Upper Tribunal must not admit the application". A late application must include a request for an extension and the reason it was not provided in time.
- Rule 21(2) makes this a two-stage route: an application to the Upper Tribunal may only be made if permission has first been sought from the First-tier Tribunal and "that application has been refused or has not been admitted or has been granted only on limited grounds". Note the period is a month (corresponding-date rule), not 28 days, which differs from the First-tier stage - a