Immigration and Asylum Appeals (Procedure) Rules 2000

2000 No. 2333 (L. 21)

IMMIGRATION

The Immigration and Asylum Appeals (Procedure) Rules 2000

Made 24th August 2000

Laid before Parliament 1st September 2000

Coming into force 2nd October 2000

The Lord Chancellor, in exercise of the powers conferred by sections 58(2) and 166(3) of, and paragraphs 3 and 4 of Schedule 4 to, the Immigration and Asylum Act 19991and section 22 of the Immigration Act 19712so far as paragraph 25 of Schedule 2 to that Act relates to section 22, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19923, makes the following Rules—

1 INTRODUCTION

PART I

INTRODUCTION

S-1 Citation, commencement and revocation

Citation, commencement and revocation

1.—(1) These Rules may be cited as the Immigration and Asylum Appeals (Procedure) Rules 2000 and shall come into force on 2nd October 2000.

(2) Subject to rule 4, the following Rules—

(a)

(a) the Immigration Appeals (Procedure) Rules 19844;

(b)

(b) the Immigration Appeals (Procedure) (Amendment) Rules 19915;

(c)

(c) the Immigration Appeals (Procedure) (Amendment) Rules 19936; and

(d)

(d) the Asylum Appeals (Procedure) Rules 19967;

shall be revoked.

S-2 Interpretation

Interpretation

2.—(1) In these Rules—

“the 1971 Act” means the Immigration Act 1971;

“the 1993 Act” means the Asylum and Immigration Appeals Act 19938;

“the 1996 Act” means the Asylum and Immigration Act 19969;

the 1999 Act” means the Immigration and Asylum Act 1999;

“appellate authority” means the adjudicator or the Tribunal, as the case may be;

“appeal” means, subject to rule 4, any appeal under Part IV of the 1999 Act;

“appellant” has the meaning given in Parts II and III of these Rules and includes an applicant for bail;

“appropriate prescribed form” means the appropriate form in the Schedule to these Rules and those forms, or similar forms, may be used with any variations that the circumstances may require;

“authorised advocate”—

(a) in relation to England and Wales, has the meaning given in section 119(1) of the Courts and Legal Services Act 199010;

(b) in relation to Scotland, means a solicitor or advocate; and

(c) in relation to Northern Ireland, means a solicitor or barrister;

“Chief Adjudicator” includes an adjudicator nominated by the Chief Adjudicator under paragraph 6(2)(a) of Schedule 3 to the 1999 Act;

“determination” means the decision of the appellate authority to allow or dismiss an appeal and the reasons for that decision;

“entry clearance officer” means a person having authority to grant an entry clearance on behalf of the Government of the United Kingdom;

“family visitor appeal” means an appeal made under section 59 by a person who is a family visitor as defined by regulations made under section 60;

“member” means a member of the Tribunal;

“officer” means an immigration officer or an entry clearance officer;

“party” has the meaning given in rule 29;

“President” means the President of the Tribunal;

“previous appeals provisions” means Part II of the 1971 Act, section 8 of the 1993 Act or section 3 of the 1996 Act;

“supplementary grounds of refusal” means the reasons given for maintaining the decision being appealed against after consideration of the additional grounds required under section 74(4); and

“Tribunal” means the Immigration Appeal Tribunal.

(2) In these Rules, a section referred to by number alone is a reference to a section of the 1999 Act.

S-3 Application of Rules

Application of Rules

3. Subject to rule 4, these Rules shall apply to—

(a) appeals to an adjudicator;

(b) applications to the Tribunal for leave to appeal to the Tribunal and appeals to the Tribunal;

(c) applications for bail; and

(d) applications to the Tribunal for leave to appeal to the Court of Appeal or in Scotland, to the Court of Session.

S-4 Transitional provisions

Transitional provisions

4.—(1) Subject to paragraphs (3) to (9), these Rules shall apply, with appropriate modifications, to any appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date.

(2) Anything done or any direction given under the Immigration Appeals (Procedure) Rules 1984 (“the 1984 Rules”) or the Asylum Appeals (Procedure) Rules 1996 (“the 1996 Rules”) in relation to an appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date, shall be treated as if done or given under these Rules.

(3) Where an appeal is made under Part II of the 1971 Act, the time limits for giving notice of appeal shall be those in rule 4 of the 1984 Rules and the reference to rule 6 in paragraphs (1)(b), (5) and (6) of rule 12 of these Rules shall be read as a reference to rule 4 of the 1984 Rules.

(4) Where an appeal is made under section 8 of the 1993 Act or section 3 of the 1996 Act, the time limits for giving notice of appeal shall be those in rule 5 of the 1996 Rules and the reference to rule 6 in paragraphs (1)(b), (5) and (6) of rule 12 of these Rules shall be read as a reference to rule 5 of the 1996 Rules.

(5) Where an appeal made under Part II of the 1971 Act has been determined by an adjudicator before 2nd October 2000, the time limits for making an application to the Tribunal for leave to appeal shall be those in paragraphs (2) to (4) of rule 15 of the 1984 Rules.

(6) Where an appeal is made under section 8 of the 1993 Act, the reference in rule 11(3) of these Rules to section 69 of the 1999 Act shall be read as a reference to section 8 of the 1993 Act.

(7) Where an appeal is made under the previous appeals provisions, the reference in rule 12(1)(a)(i) of these Rules to a provision of the 1999 Act shall be read as a reference to a provision of the 1971 Act, the 1993 Act or the 1996 Act specified by the respondent.

(8) Where an appeal is made to the Tribunal at first instance under section 15(7) of the 1971 Act as provided by rule 3 of the 1984 Rules, Part II of these Rules shall apply as if the appeal had been made to an adjudicator at first instance.

(9) Rule 41 of the 1984 Rules shall continue to apply to a reference made by the Secretary of State under section 21 of the 1971 Act.

(10) In rule 35(1)(a) of these Rules, before the coming into force of section 84, a person appealing against an immigration decision may be represented by—

(a)

(a) a solicitor, barrister, advocate or a person who is a Fellow of the Institute of Legal Executives;

(b)

(b) a person appointed by a voluntary organisation in receipt of a grant under section 23 of the 1971 Act or section 81 of the 1999 Act; or

(c)

(c) with the leave of the appellate authority, any other person.

2 APPEALS TO ADJUDICATORS

PART II

APPEALS TO ADJUDICATORS

S-5 Application of Part II

Application of Part II

5.—(1) This Part applies to appeals to an adjudicator.

(2) In this Part, “appellant” means a person appealing against an immigration decision.

S-6 Time limit for giving notice of appeal

Time limit for giving notice of appeal

6.—(1) Where an appellant makes an appeal within the United Kingdom, notice of appeal shall be given not later than 10 days after the notice of the decision was received.

(2) Where the appellant makes an appeal outside the United Kingdom, notice of appeal shall be given—

(a)

(a) in a case where the appellant is in the United Kingdom when the decision is made, not later than 28 days after his departure from the United Kingdom; or

(b)

(b) in a case where the appellant is not in the United Kingdom when the decision is made, not later than 28 days after the notice of the decision was received.

(3) In this rule, “decision” means the decision against which the appellant is appealing.

S-7 Late notice of appeal

Late notice of appeal

7.—(1) 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 is satisfied that, because of special circumstances, it is just for the notice to be treated in that way.

(2) An adjudicator shall not extend the time limit for giving notice of appeal unless he is satisfied that because of special circumstances, it is just for the notice to be treated in that way.

S-8 Method of giving notice of appeal

Method of giving notice of appeal

8.—(1) Subject to paragraph (2), an appeal to an adjudicator shall be made by sending to the person, and at the address, specified in the notice of the decision which is the subject of the appeal, a notice of appeal in the appropriate prescribed form.

(2) In any case where an appellant is in custody, service under paragraph (1) may be upon the person having custody of him.

(3) The notice of appeal shall set out the grounds for the appeal.

(4) Where the appeal is made under section 59, in relation to a family visitor appeal, the appellant shall specify in, or attach to, the notice of appeal all matters he wishes to be considered for the purposes of the appeal.

(5) The notice of appeal shall state the name and address of the appellant and the name and address of his representative (if he has one).

(6) The appellant or his representative (if he has one) shall sign the notice of appeal.

(7) The appellant shall attach to the notice of appeal—

(a)

(a) a copy of any document which informed him of the decision against which he is appealing and any reasons for that decision; and

(b)

(b) where a notice has been served on the appellant under section 74(4), a statement form, on which additional grounds which he has or may have for wishing to enter or remain in the United Kingdom may be stated, whether or not that form has been completed.

S-9 Additional grounds for appealing

Additional grounds for appealing

9. Where the appellant is treated as appealing on additional grounds by virtue of section 77(2), he shall serve on the person, and at the address, specified in the supplementary grounds of refusal, any variation of his...

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