Immigration and Asylum Appeals (Procedure) Rules 2003

JurisdictionUK Non-devolved
CitationSI 2003/652

2003 No. 652 (L. 16)

IMMIGRATION

The Immigration and Asylum Appeals (Procedure) Rules 2003

Made 10th March 2003

Laid before Parliament 11th March 2003

Coming into force 1st April 2003

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(7) 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:

1 INTRODUCTION

PART 1

INTRODUCTION

S-1 Citation and commencement

Citation and commencement

1. These Rules may be cited as the Immigration and Asylum Appeals (Procedure) Rules 2003 and shall come into force on 1st April 2003.

S-2 Interpretation

Interpretation

2. In these Rules—

the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

“adjudicator” means an adjudicator appointed for the purposes of Part 5 of the 2002 Act;

“appellant” in relation to an appeal to an adjudicator has the meaning given by rule 5(2), and in relation to an appeal to the Tribunal has the meaning given by rule 14(2);

“appellate authority” in relation to an appeal or application to an adjudicator means an adjudicator or the adjudicators' staff, and in relation to an appeal or application to the Tribunal means the Tribunal or its staff;

“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;

“the Immigration Acts” means the Acts referred to in section 158(1) of the 2002 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 19714;

“party”, in relation to an appeal where the appellant or respondent has made a claim for asylum, includes the United Kingdom Representative, if he has given written notice to the appellate authority that he wishes to be treated as a party;

“relevant decision”, subject to rule 61(2), means—

(i) an immigration decision;

(ii) a decision to reject an asylum claim against which there is a right of appeal under section 83 of the 2002 Act; or

(iii) a decision to make an order under section 40 of the British Nationality Act 19815(deprivation of citizenship);

“respondent” in relation to an appeal to an adjudicator has the meaning given by rule 5(2), and in relation to an appeal to the Tribunal has the meaning given by rule 14(2);

“senior adjudicator” means the Chief Adjudicator, the Deputy Chief Adjudicator, a Regional Adjudicator or a Deputy Regional Adjudicator;

“Tribunal” means the Immigration Appeal Tribunal;

“United Kingdom Representative” means the United Kingdom Representative of the United Nations High Commissioner for Refugees.

S-3 Scope of these Rules

Scope of these Rules

3.—(1) These Rules apply to the following appeals and applications—

(a)

(a) appeals to an adjudicator against a relevant decision;

(b)

(b) appeals (including applications for permission to appeal) to the Tribunal against an adjudicator’s determination;

(c)

(c) applications to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session; and

(d)

(d) applications to an adjudicator or 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 appeals and applications.

(3) Any provision of these Rules which specifies who is permitted or required to exercise the jurisdiction of the Tribunal for a particular purpose is subject to any contrary direction of the President of the Tribunal under paragraph 7 of Schedule 5 to the 2002 Act.

S-4 Overriding objective

Overriding objective

4. The overriding objective of these Rules is to secure the just, timely and effective disposal of appeals and applications in the interests of the parties to the proceedings and in the wider public interest.

2 APPEALS TO AN ADJUDICATOR

PART 2

APPEALS TO AN ADJUDICATOR

S-5 Scope of this Part and interpretation

Scope of this Part and interpretation

5.—(1) This Part applies to appeals to an adjudicator against a relevant decision.

(2) In this Part, and in Part 6 insofar as it applies to appeals to an adjudicator—

(a)

(a) “appellant” means a person appealing to an adjudicator;

(b)

(b) “respondent” means the decision maker specified in the notice of decision against which the appellant is appealing.

S-6 Giving notice of appeal

Giving notice of appeal

6.—(1) An appeal to an adjudicator against a relevant decision must be instituted by giving notice of appeal in accordance with these Rules.

(2) Subject to paragraph (3), notice of appeal must be given by serving it on the respondent at the address specified in the notice of decision.

(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) Where notice of appeal is given in accordance with paragraph (3)(b), the person having custody of the appellant must endorse on the notice the date that it is served on him and forward it to the respondent.

S-7 Time limit for appeal

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 in 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 appellant 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).

S-8 Form and contents of notice of appeal

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.

(2) The notice of appeal must set out the grounds for the appeal and give reasons in support of those grounds.

(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 the notice of appeal in accordance with the appellant’s instructions.

S-9 Respondent’s duty to file appeal papers

Respondent’s duty to file appeal papers

9.—(1) Subject to rule 10, the respondent must file with the appellate authority any notice of appeal which is served on him, together with a copy of—

(a)

(a) the notice of the decision against which the appellant is appealing, and any other document which was served on the appellant giving reasons for that decision;

(b)

(b) any—

(i) record of an interview with the appellant; or

(ii) other unpublished document,

which is referred to in a document mentioned in sub-paragraph (a); and

(c)

(c) the notice of any other immigration decision made in relation to the applicant in respect of which he has a right of appeal under section 82 of the 2002 Act.

(2) The respondent must serve on the appellant, as soon as practicable after filing documents under paragraph (1)—

(a)

(a) a copy of all the documents filed with the appellate authority; and

(b)

(b) notice of the date on which they were filed.

S-10 Late notice of appeal

Late notice of appeal

10.—(1) Where a notice of appeal is given outside the applicable time limit in rule 7, the appellant must—

(a)

(a) state in the notice of appeal his reasons for failing to give the notice within that period; and

(b)

(b) attach to the notice of appeal any written evidence upon which he relies in support of those reasons.

(2) Where the respondent receives a notice of appeal outside the applicable time limit, he may treat the notice as if it had been given in time, if satisfied that by reason of special circumstances it would be unjust not to do so.

(3) Where the respondent receives a notice of appeal which he contends has been given outside the applicable time limit, and does not treat the notice as if it had been given in time, he must—

(a)

(a) file with the appellate authority—

(i) the notice of appeal;

(ii) a copy of the notice of the decision against which the appellant is appealing and any document served on the appellant giving reasons for that decision; and

(iii) a copy of the notice which he serves on the appellant under sub-paragraph (b); and

(b)

(b) at the same time, serve on the appellant a notice stating that—

(i) he is treating the notice of appeal as being given out of time; and

(ii) he is sending the notice of appeal to the appellate authority for an adjudicator to decide whether to extend the time for appealing.

(4) If the appellant contends that the...

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