When is the deadline for application to the upper tribunal for permission to appeal after refusal below?
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 appeal. 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 appeal
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Extendable under Upper Tribunal Rule 5(3)(a), but rule 21(6) provides that a late application 'must include a request for an extension of time and the reason why the application was not provided in time' and that 'unless the Upper Tribunal extends time for the application under rule 5(3)(a) the Upper Tribunal must not admit the application.' The default outcome for a late application is non-admission.
- Marked binding TRUE because of the automatic non-admission sanction in rule 21(6)(b). PRECONDITION: under rule 21(2) the Upper Tribunal can only be asked for permission if permission was first sought from the First-tier Tribunal and was refused, not admitted, or granted only on limited grounds. There is NO mental health specific time limit in rule 21(3); mental health cases fal