The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2026
Updated Upper Tribunal procedures by setting deadlines for Online Safety Act appeals and revising service requirements for immigration judicial reviews.
This instrument amends the procedural rules for the Upper Tribunal to incorporate new statutory appeals and refine judicial review processes.
It sets a three-month deadline for appealing OFCOM decisions under the Online Safety Act 2023 and introduces a new requirement for the Tribunal to seal immigration judicial review applications before they are served on respondents.
Additionally, the rules establish a formal right for applicants to reply to acknowledgments of service within seven days and permit the Tribunal to issue final decisions in immigration judicial reviews without a hearing, while setting a 12-day limit for seeking permission to appeal such decisions.
These changes apply to legal representatives and parties involved in litigation within the Upper Tribunal's jurisdiction in England, Wales, Scotland, and Northern Ireland.
Arguments For
The instrument states that it establishes a clear three-month timeframe for challenging OFCOM decisions under the Online Safety Act 2023, measured from the date of publication.
Proponents within the Tribunal Procedure Committee indicate that the changes standardize the handling of immigration judicial review applications by requiring the Tribunal to seal documents before they are served.
The document notes that allowing applicants to reply to an acknowledgment of service provides a formal mechanism for addressing points raised by respondents early in the process.
The explanatory note asserts that no significant impact on the private, voluntary, or public sectors is foreseen, justifying the absence of a full impact assessment.
Arguments Against
Legal practitioners may note that the 9-day deadline for serving sealed applications in immigration cases is relatively short and could present logistical challenges.
Parties to litigation may observe that Rule 29A(4) explicitly prohibits extending the reply deadline by mutual agreement, potentially reducing procedural flexibility in complex cases.
Critics might argue that allowing immigration judicial review decisions to be issued without a hearing reduces the opportunity for oral advocacy in sensitive matters.
Administrative bodies may identify an increased clerical burden on the Upper Tribunal due to the new requirement to seal and return applications to applicants before service can proceed.
Citation, commencement and extent
- -(1) These Rules may be cited as the Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2026 and come into force on 6th November 2026.
- (2) Any amendment made by these Rules has the same extent as the provision amended.
This section establishes the official name of the rules and sets the commencement date as 6 November 2026.
It ensures that the amendments apply to the same geographical jurisdictions as the original 2008 Rules, covering the United Kingdom.
Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008
- -(1) The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
- (2) In rule 21(3) (application to the Upper Tribunal for permission to appeal), before subparagraph (b) insert-
- '(ac) in the case of an application under section 168(1) of the Online Safety Act 2023, 3 months after the date on which notice of the decision being challenged was published by OFCOM in accordance with the relevant provisions of that Act;'.
This provision inserts a specific time limit for seeking permission to appeal OFCOM decisions under the Online Safety Act 2023.
Applicants must submit their request to the Upper Tribunal within three months of the date the regulator publishes its decision.
- (3) In rule 28A (special provisions for immigration judicial review proceedings)-
- (a) after paragraph (1) insert-
'(1A) Where the Upper Tribunal accepts an application under paragraph (1), it must seal the application and send it to the applicant.';
- (b) in paragraph (2)-
- (i) for the words before sub-paragraph (a), from 'Within' to 'provide-' substitute 'Within 9 days after the date on which the Upper Tribunal sent the application to the applicant under paragraph (1A), the applicant must provide-';
- (ii) in sub-paragraph (a), after 'a copy of the' insert 'sealed'.
These changes modify how immigration judicial review cases are initiated.
The Tribunal is now required to place an official seal on accepted applications and return them to the applicant, who then has nine days to serve that sealed copy on the respondent.
(4) After rule 29 (acknowledgement of service) insert-
' Reply to acknowledgment of service
29A.-. -(1) An applicant may provide to the Upper Tribunal a reply to any acknowledgement of service.
(2) Any reply must-
- (a) be provided to the Upper Tribunal no later than 7 days after a copy of the acknowledgment of service is sent or provided to the applicant; and
- (b) comply with the requirements of any practice direction as to its content and length.
(3) The applicant must provide a copy of any reply to-
- (a) the respondent; and
- (b) any person who has been sent or provided with a copy of the application for permission under rule 28(8) or 28A(2)(a),
as soon as reasonably practicable and in any event no later than 7 days after the reply is provided to the Upper Tribunal.
(4) The time limits under this rule may not be extended by agreement between the parties.'
This section introduces a new procedural step allowing applicants to file a reply to a respondent's acknowledgment of service. The reply must be submitted within seven days and cannot be delayed even if all parties agree to an extension.
(5) In rule 40 (decisions), omit paragraphs (1A) and (1B).
- (6) In rule 44 (application for permission to appeal), after paragraph (4B) insert-
'(4BA) Where a decision that disposes of immigration judicial review proceedings is not given at a hearing, a party may apply in writing for permission to appeal, and the application must be received by the Upper Tribunal no later than twelve working days after the Upper Tribunal sent notice of its decision to that party.'
These amendments remove previous restrictions on how decisions are issued and clarify the appeal process for immigration judicial reviews decided without a hearing.
If a decision is issued in writing rather than at a hearing, parties have 12 working days from the date the notice was sent to apply for permission to appeal.
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