Civil Procedure (Amendment) Rules 2003

JurisdictionUK Non-devolved
CitationSI 2003/364
Year2003

2003 No. 364 (L. 5)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment) Rules 2003

Made 20th February 2003

Laid before Parliament 24th February 2003

Coming into force

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, make the following Rules—

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Rules may be cited as the Civil Procedure (Amendment)...

1. These Rules may be cited as the Civil Procedure (Amendment) Rules 2003 and shall come into force on the commencement of Part 5 of the Nationality, Immigration and Asylum Act 20022.

S-2 In these Rules, “ the Rules ” means the Civil Procedure Rules...

2. In these Rules, “the Rules” means the Civil Procedure Rules 19983and a reference to a Part or rule by number alone means the Part or rule so numbered in the Rules.

Amendments to Civil Procedure Rules 1998

Amendments to Civil Procedure Rules 1998

S-3 In Part 54, the title is amended to “JUDICIAL REVIEW AND...

3. In Part 54, the title is amended to “JUDICIAL REVIEW AND STATUTORY REVIEW”.

S-4 For the list of contents in Part 54, substitute the list of...

4. For the list of contents in Part 54, substitute the list of contents and insert the section heading as set out in Part 1 of the Schedule to these Rules.

S-5 In Part 54 in rule 54.1, in paragraph (1), for “This Part”...

5. In Part 54

(a) in rule 54.1, in paragraph (1), for “This Part” substitute “This Section of this Part”;

(b) in rule 54.1, in paragraph (2)—

(i) at the beginning, for “In this Part” substitute “In this Section”; and

(ii) in sub-paragraph (e), for “this Part” substitute “this Section”;

(c) in the headings of rules 54.2 and 54.3, for “Part” substitute “Section”;

(d) in rule 54.4, and in rule 54.16, for “Part” substitute “Section”;

(e) in rule 54.20, in sub-paragraph (a), for “Part” substitute “Section”; and

(f) after rule 54.20, insert Section II as set out in Part 2 of the Schedule to these Rules.

Phillips of Worth Matravers, M. R.

M. R.

Andrew Morritt, V-C.

V-C.

Anthony May, L. J.

L. J.

Stephen Oliver-Jones

Carlos Dabezies

Steven Whitaker

Michael Black

Michelle Stevens-Hoare

Philip Rainey

Tim Parker

Juliet Herzog

Nicholas Burkill

Alan Street

Ahmad Butt

Irvine of Lairg, C.

C.

20th February 2003

SCHEDULE

Rules 4 and 5

SCHEDULE

1 JUDICIAL REVIEW AND STATUTORY REVIEW

Part 1

JUDICIAL REVIEW AND STATUTORY REVIEW

Contents of this Part

I JUDICIAL REVIEW

Scope and interpretation

Rule 54.1

When this Section must be used

Rule 54.2

When this Section may be used

Rule 54.3

Permission required

Rule 54.4

Time limit for filing claim form

Rule 54.5

Claim form

Rule 54.6

Service of claim form

Rule 54.7

Acknowledgment of service

Rule 54.8

Failure to file acknowledgment of service

Rule 54.9

Permission given

Rule 54.10

Service of order giving or refusing permission

Rule 54.11

Permission decision without a hearing

Rule 54.12

Defendant etc. may not apply to set aside(GL)

Rule 54.13

Response

Rule 54.14

Where claimant seeks to rely on additional grounds

Rule 54.15

Evidence

Rule 54.16

Court’s powers to hear any person

Rule 54.17

Judicial review may be decided without a hearing

Rule 54.18

Court’s powers in respect of quashing orders

Rule 54.19

Transfer

Rule 54.20

II STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Scope and interpretation

Rule 54.21

Application for review

Rule 54.22

Time limit for application

Rule 54.23

Service of application

Rule 54.24

Determining the application

Rule 54.25

Service of order

Rule 54.26

Costs

Rule 54.27

JUDICIAL REVIEW

JUDICIAL REVIEW

2 Part 2

Part 2

STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

SCH-1.54.21

54.21. Scope and interpretation

(1) This Section of this Part contains rules about applications to the High Court under section 101(2) of the Nationality, Immigration and Asylum Act 20024for a review of a decision of the Immigration Appeal Tribunal on an application for permission to appeal from an adjudicator.

(2) In this Section—

(a)

(a) “the Act” means the Nationality, Immigration and Asylum Act 2002;

(b)

(b) “adjudicator” means an adjudicator appointed for the purposes of Part 5 of the Act;

(c)

(c) “applicant” means a person applying to the High Court under section 101(2) of the Act;

(d)

(d) “other party” means the other party to the proceedings before the Tribunal; and

(e)

(e) “Tribunal” means the Immigration Appeal Tribunal.

SCH-1.54.22

54.22. Application for review

(1) An application under section 101(2) of the Act must be made to the Administrative Court.

(2) The application must be made by filing an application notice.

(3) The applicant must file with the application notice—

(a)

(a) the decision to which the application relates, and any document giving reasons for the decision;

(b)

(b) the grounds of appeal to the adjudicator;

(c)

(c) the adjudicator’s determination;

(d)

(d) the grounds of appeal to the Tribunal together with any documents sent with them;

(e)

(e) the Tribunal’s determination on the application for permission to appeal; and

(f)

(f) any other documents material to the application which were before the adjudicator.

(4) The applicant must also file with the application notice written submissions setting out—

(a)

(a) the grounds upon which it is contended that the Tribunal made an error of law; and

(b)

(b) reasons in support of those grounds.

(5) In paragraph (3)(a) of this rule, “decision” means an immigration decision within the meaning of section 82 of the Act, or a decision to reject an asylum claim to which section 83 of the Act applies.

SCH-1.54.23

54.23. Time limit for application

(1) The application notice must be filed not later than 14 days after the applicant is deemed to have received notice of the Tribunal’s decision in accordance with rules made under section 106 of the Act.

(2) The court may extend the time limit in paragraph (1) in exceptional circumstances.

(3) An application to extend the time limit must be made in the application notice and supported by written evidence verified by a statement of truth.

SCH-1.54.24

54.24. Service of application

(1) The applicant must serve on the Tribunal copies of the application notice and written submissions.

(2) Where an application is for review of a decision by the Tribunal to grant permission to appeal, the applicant must serve on the other party copies of—

(a)

(a) the application notice;

(b)

(b) the written submissions; and

(c)

(c) all the documents filed in support...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT