Immigration Appeals (Procedure) Rules 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/1684 |
| Year | 1972 |
1972 No. 1684
IMMIGRATION
The Immigration Appeals (Procedure) Rules 19723rdNovember 1972
17thNovember 1972
1stJanuary 1973
ARRANGEMENT OF RULES
PART I
INTRODUCTION
Rule
1. Citation and commencement.
2. Interpretation.
PART II
APPEAL TO ADJUDICATOR OR TRIBUNAL AT FIRST INSTANCE
3. Application of Part II.
4 Time limit for appealing.
5. Further opportunity to appeal.
6. Notice of appeal.
7. Parties.
8. Explanatory statement by respondent.
9. Appeal against removal on objection to destination.
10. Supply of documents.
11. Determination of preliminary issues.
12. Determination of appeal without hearing.
PART III
APPEAL TO TRIBUNAL FROM ADJUDICATOR
13. Application of Part III.
14. Leave to appeal.
15. Time limit for appealing.
16. Notice of appeal and application for leave to appeal.
17. Parties.
18. Evidence.
19. Supply of documents.
20. Determination of appeal without hearing.
21. Remittal of appeal for determination by adjudicator.
PART IV
GENERAL PROCEDURE
22. Application of Part IV.
23. Bail.
24. Notice of time and place of hearing.
25. Power to require particulars.
26. Representation.
27. Summoning of witnesses.
28. Conduct or proceedings at hearings.
29. Evidence.
30. Inspection of documentary evidence.
31. Burden of proof.
32. Exclusion of public.
33. Transfer of proceedings.
34. Hearing of appeal in absence of appellant or other party.
35. Summary determination of appeals.
36. Combined hearings.
37. Miscellaneous powers.
38. Irregularities.
39. Promulgation of determination and reasons therefor.
40. Record of proceedings.
PART V
MISCELLANEOUS
41. References by the Secretary of State.
42. Performance of functions of Tribunal.
43. Time.
44. Notices etc.
45. Variation of forms.
SCHEDULE
FORMS
Form 1—Notice of appeal to adjudicator or Tribunal at first instance.
Form 2—Notice of appeal or application for leave to appeal from adjudicator.
Form 3—Application to appellate authority for bail.
Form 4—Recognizance of appellant.
Form 5—Recognizance of appellant's surety.
Form 6—Certificate of conditions of bail.
Form 7—Certificate that all recognizances taken.
Form 8—Summons to witness.
In exercise of the powers conferred upon me by section 22 of the Immigration Act 1971(a) and paragraph 25 of Schedule 2 thereto, after consultation with the Council on Tribunals, I hereby make the following Rules:—
PART I
INTRODUCTION
Citation and commencement
1. These Rules may be cited as the Immigration Appeals (Procedure) Rules 1972 and shall come into operation on 1st January 1973.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires—
"the Act" means the Immigration Act 1971;
"appeal" means, subject to Rules 3 and 13, any appeal under Part II of the Act;
"appellate authority" means an adjudicator or the Tribunal;
"chairman" means any member of the Tribunal qualified as mentioned in paragraph 7 of Schedule 5 to the Act;
"entry clearance officer" means a person having authority to grant an entry clearance on behalf of the Government of the United Kingdom;
"officer" means an immigration officer or an entry clearance officer;
"the president" means the president of the Tribunal;
"the Tribunal" means the Immigration Appeal Tribunal for the purposes of the Act.
(2) Without prejudice to section 31 of the Interpretation Act 1889(b), the following expressions have the same meanings as in the Act:—
"adjudicator";
"aircraft";
"certificate of patriality";
"entry clearance";
"immigration officer";
"limited leave".
(3) Any reference in these Rules to a Rule is a reference to a Rule contained therein.
(4) Any reference in these Rules to a form is a reference to a form set out in the Schedule thereto.
(5) The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
PART II
APPEAL TO ADJUDICATOR OR TRIBUNAL AT FIRST INSTANCE
Application of Part II
3. This Part applies to appeals at first instance to an adjudicator or to the Tribunal, and references in this Part to—
(a) an appeal, an appellant, the appropriate appellate authority or proceedings shall be construed accordingly;
(a) 1971 c. 77.
(b) 1889 c. 63.
(b) the respondent, shall be construed as references to the person, other than the appellant, who is a party to the appeal by virtue of Rule 7(1).
Time limit for appealing
4.—(1) Notice of appeal under section 13(1) of the Act by a person refused leave to enter the United Kingdom may be given—
(a) where, by virtue of section 13(3) of the Act, he is not entitled to appeal so long as he is in the United Kingdom, after the departure of the ship or aircraft in which he leaves the United Kingdom but not later than 28 days thereafter;
(b) in any other case, before or after the departure of the ship or aircraft in which he is to be removed from, or leaves, the United Kingdom but not later than 28 days thereafter.
(2) Notice of appeal under section 13(2) of the Act by a person refused a certificate of patriality, on an application duly made to an entry clearance officer, may be given not later than 3 months after the refusal.
(3) Notice of appeal under section 13(2) of the Act by a person refused a certificate of patriality, on an application duly made to the Secretary of State, may be given not later than 14 days after the refusal.
(4) Notice of appeal under section 13(2) by a person refused an entry clearance may be given not later than 3 months after the refusal.
(5) Notice of appeal under section 14(1) of the Act by a person who has a limited leave to enter or remain in the United Kingdom, against any variation of the leave or any refusal to vary it, may be given not later than 14 days after the variation or refusal to vary.
(6) Notice of appeal under section 14(2) of the Act by a person given a limited leave to remain in the United Kingdom in the circumstances there mentioned, against any provision limiting the duration of the leave or attaching any condition to it, may be given not later than 14 days after the giving of the limited leave.
(7) Notice of appeal under section 15(1)(a) of the Act by a person against whom the Secretary of State has decided to make a deportation order by virtue of section 3(5), against that decision, may be given not later than 14 days after the decision.
(8) Notice of appeal under section 15(1)(b) of the Act by a person against whom a deportation order is in force, against a refusal by the Secretary of State to revoke the order, may be given not later than 28 days after the refusal.
(9) Notice of appeal under section 16(1) of the Act by a person for whose removal from the United Kingdom such directions as are there mentioned have been given, against those directions, may be given—
(a) where, by virtue of section 16(2) of the Act, he is not entitled to appeal so long as he is in the United Kingdom, after the departure of the ship or aircraft in which he leaves the United Kingdom but not later than 28 days thereafter;
(b) in any other case, before or after the departure of the ship or aircraft in which he is to be removed from, or leaves, the United Kingdom but not later than 28 days thereafter.
(10) Notice of appeal under section 17(1) of the Act by a person for whose removal from the United Kingdom directions have been given, on the ground that he ought to be removed (if at all) to a different country or territory specified by him, may be given—
(a) where the directions have been given on his being refused leave to enter the United Kingdom, at any time before the departure of the ship or aircraft in which he is to be removed from the United Kingdom;
(b) in any other case, before such departure but not later than 14 days after the giving of the directions.
(11) Where notice in writing of an action or decision is required by the Immigration Appeals (Notices) Regulations 1972(a) to be given then, for the purposes of this Rule, that action or decision shall be deemed to have been taken—
(a) where the notice is sent by post, on the day on which it was sent;
(b) in any other case, on the day on which the notice was served.
Further opportunity to appeal
5.—(1) Where a person may not appeal by reason that the period permitted by Rule 4 for the giving of notice of appeal has expired, subject to paragraph (4) below, he may serve on the appropriate officer specified in Rule 6(2) a written petition for a further opportunity to appeal and, subject to paragraph (2) below, that officer shall, as soon as is practicable, take such steps as are necessary to ensure that the petition is referred to the appropriate appellate authority together with such particulars relating thereto as have been given by the petitioner or appear to the officer to be relevant.
(2) Where the appropriate officer is an entry clearance officer he shall enjoy the like powers as are conferred on the appropriate appellate authority by paragraph (3) below; and, if he exercises those powers in favour of the petitioner the petition shall not be referred to the appropriate appellate authority.
(3) The appellate authority to which a petition is referred under this Rule may, subject to paragraph (4) below, grant the petitioner a further opportunity to appeal if it is of the opinion that, by reason of special circumstances, it is just and right so to do; and, in such case, a notice of appeal given before a date specified by the authority shall be treated for all purposes as if it had been given in accordance with Rule 4.
(4) No steps shall be taken under this Rule by, or in the case of, a person in respect of whom a deportation order is for the time being in force.
(5) Rule 6(7) shall apply for the purposes of this Rule as it applies for the purposes of Rule 6 but as if any reference therein to a notice of appeal were a reference to a petition and the reference therein to paragraph (5) of Rule 6 were a reference to paragraph (1) of this Rule.
Notice of appeal
6.—(1) Notice of appeal shall be given by completing Form 1 and serving it on the...
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