SCHEDULE
Rules 4 and 5
SCHEDULE
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
Part 2
STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002
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.
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.
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.
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...