The Asylum and Immigration Tribunal (Procedure) Rules 2005

JurisdictionUK Non-devolved
CitationSI 2005/230

2005No. 230 (L.1)

IMMIGRATION

The Asylum and Immigration Tribunal (Procedure) Rules 2005

6thFebruary2005

8thFebruary2005

4thApril2005

ARRANGEMENT OF RULES

PART 1

Introduction

1.

Citation and commencement

2.

Interpretation

3.

Scope of these Rules

4.

Overriding objective

PART 2

Appeals to the Tribunal

5.

Scope of this Part

6.

Giving notice of appeal

7.

Time limit for appeal

8.

Form and contents of notice of appeal

9.

Rejection of invalid notice of appeal

10.

Late notice of appeal

11.

Special provisions for imminent removal cases

12.

Service of notice of appeal on respondent

13.

Filing of documents by respondent

14.

Variation of grounds of appeal

15.

Method of determining appeal

16.

Certification of pending appeal

17.

Withdrawal of appeal

18.

Abandonment of appeal

19.

Hearing appeal in absence of a party

20.

Hearing two or more appeals together

21.

Adjournment of appeals

22.

Giving of determination

23.

Special procedures and time limits in asylum appeals

PART 3

Reconsideration of Appeals etc.

24.

Scope of this Part

SECTION 1

Section 103A applications considered by members of the Tribunal

25.

Procedure for applying for review

26.

Deciding applications for review

27.

Form and service of decision

28.

Sending notice of decision to the appropriate court

SECTION 2

Reconsideration of appeals

29.

Rules applicable on reconsideration of appeal

30.

Reply

31.

Procedure for reconsideration of appeal

32.

Evidence on reconsideration of appeal

33.

Orders for funding on reconsideration

SECTION 3

Applications for permission to appeal to the appropriate appellate court

34.

Applying for permission to appeal

35.

Time limit for application

36.

Determining the application

PART 4

Bail

37.

Scope of this Part and interpretation

38.

Applications for bail

39.

Bail hearing

40.

Recognizances

41.

Release of applicant

42.

Application of this Part to Scotland

PART 5

General Provisions

43.

Conduct of appeals and applications

44.

Constitution of the Tribunal

45.

Directions

46.

Notification of hearings

47.

Adjournment

48.

Representation

49.

United Kingdom Representative

50.

Summoning of witnesses

51.

Evidence

52.

Language of documents

53.

Burden of proof

54.

Admission of public to hearings

55.

Filing and service of documents

56.

Address for service

57.

Calculation of time

58.

Signature of documents

59.

Errors of procedure

60.

Correction of orders and determinations

PART 6

Revocation and Transitional Provisions

61.

Revocation

62.

Transitional provisions

SCHEDULE

Forms

The Lord Chancellor, in exercise of the powers conferred by sections 106(1)-(3) and 112(3) of the Nationality, Immigration and Asylum Act 2002( 1) and section 40A(3) of the British Nationality Act 1981( 2), after consulting with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992( 3), makes the following Rules:

PART 1

Introduction

Citation and commencement

1. These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) Rules 2005 and shall come into force on 4th April 2005.

Interpretation

2. In these Rules -

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

"the 2004 Act" means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004( 4);

"appellant" means a person who has given a notice of appeal to the Tribunal against a relevant decision in accordance with these Rules;

"appropriate appellate court" has the meaning given in sections 103B(5) and 103E(5) of the 2002 Act;

"apropriate court" has the meaning given in section 103A(9) of the 2002 Act;

"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;

"business day" means any day other than a Saturday or Sunday, a bank holiday, 25th to 31st December or Good Friday;

"determination", in relation to an appeal, means a decision by the Tribunal in writing to allow or dismiss the appeal, and does not include a procedural, ancillary or preliminary decision;

"the Immigration Acts" means the Acts referred to in section 44(1) of the 2004 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 1971( 5);

"order for reconsideration" means an order under section 103A(1) or any other statutory provision requiring the Tribunal to reconsider its decision on an appeal;

"President" means the President of the Tribunal;

"relevant decision" means a decision against which there is an exercisable right of appeal to the Tribunal;

"respondent" means the decision maker specified in the notice of decision against which a notice of appeal has been given;

"section 103A" means section 103A of the 2002 Act (Review of Tribunal's decision) and "section 103A application" means an application under section 103A;

"Tribunal" means the Asylum and Immigration Tribunal;

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

Scope of these Rules

3. - (1) These Rules apply to the following proceedings -

(a) appeals to the Tribunal;(b) section 103A applications which are considered by a member of the Tribunal in accordance with paragraph 30 of Schedule 2 to the 2004 Act;(c) reconsideration of appeals by the Tribunal;(d) applications to the Tribunal for permission to appeal to the Court of Appeal, the Court of Session, or the Court of Appeal in Northern Ireland; and(e) applications to 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 proceedings.

Overriding objective

4. The overriding objective of these Rules is to secure that proceedings before the Tribunal are handled as fairly, quickly and efficiently as possible; and, where appropriate, that members of the Tribunal have responsibility for ensuring this, in the interests of the parties to the proceedings and in the wider public interest.

PART 2

Appeals to the Tribunal

Scope of this Part

5. This Part applies to appeals to the Tribunal.

Giving notice of appeal

6. - (1) An appeal to the Tribunal may only be instituted by giving notice of appeal against a relevant decision in accordance with these Rules.

(2) Subject to paragraphs (3) and (4), notice of appeal must be given by filing it with the Tribunal in accordance with rule 55(1).

(3) A person who is in detention under the Immigration Acts may give notice of appeal either -

(a) in accordance with paragraph (2); or(b) by serving it on the person having custody of him.

(4) A person who is outside the United Kingdom and wishes to appeal against a decision of an entry clearance officer may give notice of appeal either -

(a) in accordance with paragraph (2); or(b) by serving it on the entry clearance officer.

(5) Where a notice of appeal is served on a custodian under paragraph (3)(b), that person must -

(a) endorse on the notice the date that it is served on him; and(b) forward it to the Tribunal within 2 days.

(6) Where a notice of appeal is served on an entry clearance officer under paragraph (4)(b), the officer must -

(a) endorse on the notice the date that it is served on him;(b) forward it to the Tribunal as soon as reasonably practicable, and in any event within 10 days; and(c) if it is practicable to do so within the time limit in sub-paragraph (b), send to the Tribunal with the notice of appeal a copy of the documents listed in rule 13(1).

Time limit for appeal

7. - (1) A notice of appeal by a person who is in the United Kingdom must be given -

(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) 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) 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 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) in any other case, not later than 28 days after he is served with notice of the decision.

(3) Where a person -

(a) is served with notice of a decision to reject an asylum claim; and(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 person 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).

Form and contents of notice of appeal

8. - (1) The notice of appeal must be in the appropriate prescribed form and must -

(a) state the name and address of the appellant; and(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;(c) set out the grounds for the appeal;(d) give reasons in support of those grounds; and(e) so far as reasonably practicable, list any documents which the appellant intends to rely upon as evidence in support of the appeal.

(2) The notice of appeal must if reasonably practicable be accompanied by the notice of decision against which the appellant is appealing, or a copy of it.

(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...

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