Asylum Appeals (Procedure) Rules 1993

JurisdictionUK Non-devolved
CitationSI 1993/1661
Year1993

1993No. 1661

IMMIGRATION

The Asylum Appeals (Procedure) Rules 1993

5thJuly1993

5thJuly1993

26thJuly1993

ARRANGEMENT OF RULES

PART I

INTRODUCTION

1. Citation, commencement and revocation

2. Interpretation

3. Application

PART II

APPEALS TO SPECIAL ADJUDICATORS

4. Application of Part II

5. Notice of appeal

6. Notification of hearing

7. Variation of notice of appeal

8. Parties

9. Determination of appeal

10. Adjournment of hearings

11. Promulgation of determination and reasons therefor

PART III

APPEALS TO TRIBUNAL FROM SPECIAL ADJUDICATOR

12. Application of Part III

13. Leave to appeal

14. Notice of appeal

15. Parties

16. Time within which appeal is to be determined

17. Determination of appeal

18. Adjournment of hearings

19. Promulgation of determination and reasons therefor

PART IV

APPEALS FROM TRIBUNAL

20. Application of Part IV

21. Leave to appeal

PART V

GENERAL PROCEDURE

22. Application of Part V

23. Conduct of proceedings at hearings

24. Burden of proof

25. Hearing of appeal in absence of appellant or other party

26. Summary determination of appeals

27. Performance of functions of Tribunal

28. Notices etc

29. Mixed appeals

30. Deemed grant of application

31. Extension of time limit

32. Time

SCHEDULE

Notice of an appeal to a special adjudicator against a refusal of asylum.

Application for leave to appeal to the Immigration Appeal Tribunal against a decision of a special adjudicator.

Application to the Immigration Appeal Tribunal for leave to appeal against its decision.

The Lord Chancellor, in exercise of the powers conferred by section 22 of, and paragraph 25 of Schedule 2 to, the Immigration Act 1971 ( a)and now vested in him ( b), after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 ( c), hereby makes the following Rules:

PART I

INTRODUCTION

Citation, commencement and revocation

1.-(1) These Rules may be cited as the Asylum Appeals (Procedure) Rules 1993 and shall come into force on 26th July 1993.

(2) In the 1984 Rules-

(a) rule 14(2)(b) is hereby revoked; and(b) in rule 28, for the words "Rule 8(5)" there shall be substituted the words "Rule 8(4)".

Interpretation

2.-(1) In these Rules-

"the 1984 Rules" means the Immigration Appeals (Procedure) Rules 1984 ( d);

"the 1971 Act" means the Immigration Act 1971;

"the 1993 Act" means the Asylum and Immigration Appeals Act 1993 ( e);

"asylum appeal" means any appeal made under any of the subsections (1) to (4) of section 8 of the 1993 Act (including any further appeal that is made in relation to such an appeal) and shall include any appeal which, by virtue of paragraph 3 of Schedule 2 to that Act, shall be dealt with in the same proceedings as the appeal brought under any of those subsections;

"special adjudicator" means an adjudicator designated under section 8(5) of the 1993 Act; and

"the Tribunal" means the Immigration Appeal Tribunal.

(2) In these Rules-

(a) the time by which any act must be done shall be calculated in the manner provided in rule 32; and(b) an application or an appeal is determined when a decision is made as to whether the application should be granted or the appeal allowed.

Application

3.-(1) These Rules shall apply to all asylum appeals.

(2) Subject as provided by these Rules, the 1984 Rules shall not apply to asylum appeals.

(3) These Rules shall apply only to asylum appeals brought in respect of decisions made after these Rules have come into force.

(a) 1971 c.77; section 22 was extended by the Asylum and Immigration Appeals Act 1993 (c.23), section 8(6) and Schedule 2, paragraphs 4(3) and 5(4) and section 9(4).

(b) The Transfer of Functions (Immigration Appeals) Order 1987, S.I. 1987/465.

(c) 1992 c.53.

(d) S.I. 1984/2041.

(e) 1993 c.23.

PART II

APPEALS TO SPECIAL ADJUDICATORS

Application of Part II

4. This Part applies to asylum appeals to a special adjudicator.

Notice of appeal

5.-(1) Subject to paragraph (2), a person making an asylum appeal ("the appellant") shall give notice of appeal not later than 10 days after receiving notice of the decision against which he is appealing.

(2) The time limit for giving notice of appeal shall be 2 days in a case where-

(a) the appeal is made under section 8(1) of the 1993 Act;(b) the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation); and(c) there has been personal service on the appellant of the notice of the decision against which he is appealing.

(3) Subject to paragraph (4), notice of appeal shall be given-

(a) by serving on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and(b) by serving upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act,

the Form prescribed in the Schedule to these Rules (Form A1) which shall be accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision.

(4) In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him.

(5) Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given under paragraph (3) is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated.

(6) Upon receipt of notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to the appellant, to a special adjudicator and to the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3) together with (in the case of the appellant and the special adjudicator only) the original or copies of any notes of interview and of any other document referred to in the decision which is being appealed.

(7) A special adjudicator may extend any time limit for giving notice of appeal provided he considers it necessary in the interests of justice.

(8) An extension may be made under paragraph (7) notwithstanding that the period prescribed by the time limit has already expired.

Notification of hearing

6.-(1) The special adjudicator shall not later than 5 days after receiving a notice of appeal serve on-

(a) the appellant;(b) the immigration officer or (as the case may be) the Secretary of State; and(c) (if he has given notice in accordance with rule 8(2)) the United Kingdom Representative of the United Nations High Commissioner for Refugees

a notice of the date, time and place fixed for the hearing of the appeal.

(2) The period specified in paragraph (1) shall be 3 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).

Variation of notice of appeal

7. The notice of appeal may, with the leave of the special adjudicator, be varied by the appellant.

Parties

8.-(1) The parties to an appeal shall be the appellant and the Secretary of State.

(2) The United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the special adjudicator at any time during the course of the appeal that he desires to be so treated.

Determination of appeal

9.-(1) Subject to rule 31, a special adjudicator shall determine an appeal not later than 42 days after receiving notice of the appeal.

(2) The period specified in paragraph (1) shall be 7 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).

(3) Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(3), the special adjudicator shall determine the appeal within 42 days of the appeal being so remitted.

(4) Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be determined by hearing unless-

(a) the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or(b) the decision being appealed against has been withdrawn or reversed, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant.

(5) The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (4)(a) or (b).

Adjournment of hearings

10.-(1) Subject to rule 9(1) and (2), a special adjudicator may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment.

(2) Where a hearing is adjourned, the special adjudicator shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.

Promulgation of determination and reasons therefor

11.-(1) Subject to paragraph (4), the special adjudicator shall, wherever practicable, pronounce the determination and the reasons therefor at the conclusion of the hearing.

(2) Subject to paragraph (4), the special adjudicator shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons.

(3) A notice sent under paragraph (2) shall not be invalid by virtue of any failure to comply with the time limit prescribed in that paragraph.

(4) In an appeal to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation), if the special adjudicator agrees that the claim is without foundation, he shall at the conclusion of the hearing pronounce the determination and the reasons therefor and furnish every party to the...

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