The Asylum and Immigration Tribunal (Procedure) Rules 2005
2005 No. 230 (L.1)
IMMIGRATION
The Asylum and Immigration Tribunal (Procedure) Rules 2005
Made 6th February 2005
Laid before Parliament 8th February 2005
Coming into force 4th April 2005
The Lord Chancellor, in exercise of the powers conferred by sections 106(1)-(3) and 112(3) of the Nationality, Immigration and Asylum Act 20021and section 40A(3) of the British Nationality Act 19812, after consulting with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19923, makes the following Rules:
PART 1
Introduction
Citation and commencement
1. These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) Rules 2005 and shall come into force on 4th April 2005.
Interpretation
2. In these Rules—
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 20044;
“appellant” means a person who has given a notice of appeal to the Tribunal against a relevant decision in accordance with these Rules;
“appropriate appellate court” has the meaning given in sections 103B(5) and 103E(5) of the 2002 Act;
“apropriate court” has the meaning given in section 103A(9) of the 2002 Act;
“appropriate prescribed form” means the appropriate form in the Schedule to these Rules, or that form with any variations that the circumstances may require;
“asylum claim” has the meaning given in section 113(1) of the 2002 Act;
“business day” means any day other than a Saturday or Sunday, a bank holiday, 25th to 31st December or Good Friday;
“determination”, in relation to an appeal, means a decision by the Tribunal in writing to allow or dismiss the appeal, and does not include a procedural, ancillary or preliminary decision;
“the Immigration Acts” means the Acts referred to in section 44(1) of the 2004 Act;
“immigration decision” means a decision of a kind listed in section 82(2) of the 2002 Act;
“immigration rules” means the rules referred to in section 1(4) of the Immigration Act 19715;
“order for reconsideration” means an order under section 103A(1) or any other statutory provision requiring the Tribunal to reconsider its decision on an appeal;
“President” means the President of the Tribunal;
“relevant decision” means a decision against which there is an exercisable right of appeal to the Tribunal;
“respondent” means the decision maker specified in the notice of decision against which a notice of appeal has been given;
“section 103A” means section 103A of the 2002 Act (Review of Tribunal’s decision) and “section 103A application” means an application under section 103A;
“Tribunal” means the Asylum and Immigration Tribunal;
“United Kingdom Representative” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.
Scope of these Rules
3.—(1) These Rules apply to the following proceedings—
(a)
(a) appeals to the Tribunal;
(b)
(b) section 103A applications which are considered by a member of the Tribunal in accordance with paragraph 30 of Schedule 2 to the 2004 Act;
(c)
(c) reconsideration of appeals by the Tribunal;
(d)
(d) applications to the Tribunal for permission to appeal to the Court of Appeal, the Court of Session, or the Court of Appeal in Northern Ireland; and
(e)
(e) applications to the Tribunal for bail.
(2) These Rules apply subject to any other Rules made under section 106 of the 2002 Act which apply to specific classes of proceedings.
Overriding objective
4. The overriding objective of these Rules is to secure that proceedings before the Tribunal are handled as fairly, quickly and efficiently as possible; and, where appropriate, that members of the Tribunal have responsibility for ensuring this, in the interests of the parties to the proceedings and in the wider public interest.
PART 2
Appeals to the Tribunal
Scope of this Part
5. This Part applies to appeals to the Tribunal.
Giving notice of appeal
6.—(1) An appeal to the Tribunal may only be instituted by giving notice of appeal against a relevant decision in accordance with these Rules.
(2) Subject to paragraphs (3) and (4), notice of appeal must be given by filing it with the Tribunal in accordance with rule 55(1).
(3) A person who is in detention under the Immigration Acts may give notice of appeal either—
(a)
(a) in accordance with paragraph (2); or
(b)
(b) by serving it on the person having custody of him.
(4) A person who is outside the United Kingdom and wishes to appeal against a decision of an entry clearance officer may give notice of appeal either—
(a)
(a) in accordance with paragraph (2); or
(b)
(b) by serving it on the entry clearance officer.
(5) Where a notice of appeal is served on a custodian under paragraph (3)(b), that person must—
(a)
(a) endorse on the notice the date that it is served on him; and
(b)
(b) forward it to the Tribunal within 2 days.
(6) Where a notice of appeal is served on an entry clearance officer under paragraph (4)(b), the officer must—
(a)
(a) endorse on the notice the date that it is served on him;
(b)
(b) forward it to the Tribunal as soon as reasonably practicable, and in any event within 10 days; and
(c)
(c) if it is practicable to do so within the time limit in sub-paragraph (b), send to the Tribunal with the notice of appeal a copy of the documents listed in rule 13(1).
Time limit for appeal
7.—(1) A notice of appeal by a person who is in the United Kingdom must be given—
(a)
(a) if the person is in detention under the Immigration Acts when he is served with notice of the decision against which he is appealing, not later than 5 days after he is served with that notice; and
(b)
(b) in any other case, not later than 10 days after he is served with notice of the decision.
(2) A notice of appeal by a person who is outside the United Kingdom must be given—
(a)
(a) if the person—
(i) was in the United Kingdom when the decision against which he is appealing was made; and
(ii) may not appeal while he is the United Kingdom by reason of a provision of the 2002 Act,
not later than 28 days after his departure from the United Kingdom; or
(b)
(b) in any other case, not later than 28 days after he is served with notice of the decision.
(3) Where a person—
(a)
(a) is served with notice of a decision to reject an asylum claim; and
(b)
(b) on the date of being served with that notice does not satisfy the condition in section 83(1)(b) of the 2002 Act, but later satisfies that condition,
paragraphs (1) and (2)(b) apply with the modification that the time for giving notice of appeal under section 83(2) runs from the date on which the person is served with notice of the decision to grant him leave to enter or remain in the United Kingdom by which he satisfies the condition in section 83(1)(b).
Form and contents of notice of appeal
8.—(1) The notice of appeal must be in the appropriate prescribed form and must—
(a)
(a) state the name and address of the appellant; and
(b)
(b) state whether the appellant has authorised a representative to act for him in the appeal and, if so, give the representative’s name and address;
(c)
(c) set out the grounds for the appeal;
(d)
(d) give reasons in support of those grounds; and
(e)
(e) so far as reasonably practicable, list any documents which the appellant intends to rely upon as evidence in support of the appeal.
(2) The notice of appeal must if reasonably practicable be accompanied by the notice of decision against which the appellant is appealing, or a copy of it.
(3) The notice of appeal must be signed by the appellant or his representative, and dated.
(4) If a notice of appeal is signed by the appellant’s representative, the representative must certify in the notice of appeal that he has completed it in accordance with the appellant’s instructions.
Rejection of invalid notice of appeal
9.—(1) Where—
(a)
(a) a person has given a notice of appeal to the Tribunal; and
(b)
(b) there is no relevant decision,
the Tribunal shall not accept the notice of appeal.
(2) Where the Tribunal does not accept a notice of appeal, it must—
(a)
(a) notify the person giving the notice of appeal and the respondent; and
(b)
(b) take no further action.
Late notice of appeal
10.—(1) If a notice of appeal is given outside the applicable time limit, it must include an application for an extension of time for appealing, which must—
(a)
(a) include a statement of the reasons for failing to give the notice within that period; and
(b)
(b) be accompanied by any written evidence relied upon in support of those reasons.
(2) If a notice of appeal appears to the Tribunal to have been given outside the applicable time limit but does not include an application for an extension of time, unless the Tribunal extends the time for appealing of its own initiative, it must notify the person giving notice of appeal in writing that it proposes to treat the notice of appeal as being out of time.
(3) Where the Tribunal gives notification under paragraph (2), if the person giving notice of appeal contends that—
(a)
(a) the notice of appeal was given in time, or
(b)
(b) there were special circumstances for failing to give the notice of appeal in time which could not reasonably have been stated in the notice of appeal,
he may file with the Tribunal written evidence in support of that contention.
(4) Written evidence under paragraph (3) must be filed—
(a)
(a) if the person giving notice of appeal is in the United Kingdom, not later than 3 days; or
(...
To continue reading
Request your trial