The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/560 |
| Year | 2005 |
2005 No. 560 (L. 12)
IMMIGRATION
The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005
Made 7th March 2005
Laid before Parliament 10th March 2005
Coming into force 4th April 2005
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(3) 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, hereby makes the following Rules:
PART 1
INTRODUCTION
Citation and commencement
1. These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 and shall come into force on 4th April 2005.
Interpretation
2.—(1) In these Rules, “the Principal Rules” means the Asylum and Immigration Tribunal (Procedure) Rules 20054.
(2) Subject to paragraph (3), words and expressions used in these Rules which are defined in rule 2 of the Principal Rules have the same meaning in these Rules as in the Principal Rules.
(3) In these Rules, and in any provision of the Principal Rules which applies by virtue of these Rules, “business day” means any day other than a Saturday or Sunday, a bank holiday, 24th to 31st December, Maundy Thursday, Good Friday or the Tuesday after the last Monday in May.
(4) In a provision of the Principal Rules which applies by virtue of these Rules, a reference to an “appropriate prescribed form” means, in relation to a notice of appeal or an application notice for permission to appeal to the appropriate appellate court, the appropriate form in Schedule 1 to these Rules, or that form with any variations that the circumstances may require.
(5) Where a provision of the Principal Rules applies by virtue of these Rules—
(a)
(a) any reference in that provision to the Principal Rules is to be interpreted as including a reference to these Rules; and
(b)
(b) any reference in that provision to a specific Part or rule in the Principal Rules is to be interpreted as including a reference to any equivalent Part or rule in these Rules.
Scope of these Rules
3.—(1) Part 2 of these Rules applies to appeals to the Tribunal in the circumstances specified in rule 5.
(2) Part 3 applies to proceedings before the Tribunal of the types described in rule 24 of the Principal Rules in the circumstances specified in rule 15.
(3) Part 4 applies to proceedings before the Tribunal to which Part 2 or 3 applies.
(4) Part 5 applies to proceedings before the Tribunal to which Part 2 or 3 applies or has applied.
(5) For the purpose of rules 5 and 15, a party does not cease to satisfy a condition that he must have been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to these Rules by reason only of—
(a)
(a) being transported from one place of detention specified in that Schedule to another place which is so specified; or
(b)
(b) leaving and returning to such a place of detention for any purpose between the hours of 6 a.m. and 10 p.m.
Application of the Principal Rules
4.—(1) Rule 4 of the Principal Rules (Overriding objective) applies to these Rules.
(2) Where Part 2 or 3 of these Rules applies to proceedings before the Tribunal, the Principal Rules also apply to the extent specified in rules 6, 16, 20, 24 and 27 of these Rules.
PART 2
Appeals to the Tribunal
Scope of this Part
5.—(1) This Part applies to an appeal to the Tribunal where the person giving notice of appeal—
(a)
(a) was in detention under the Immigration Acts at a place specified in Schedule 2 when he was served with notice of the immigration decision against which he is appealing; and
(b)
(b) has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 since that notice was served on him.
(2) This Part shall cease to apply if the Tribunal makes an order under rule 30(1).
Application of Part 2 of the Principal Rules
6. Where this Part applies to an appeal, the following provisions of Part 2 of the Principal Rules apply—
(a) rule 6(1) to (3), omitting the reference to rule 6(4) in rule 6(2);
(b) rule 8;
(c) rule 10(1);
(d) rule 13(1) and (4);
(e) rule 14; and
(f) rules 17 to 19.
Giving notice of appeal
7. Where a notice of appeal is served on a custodian under rule 6(3)(b) of the Principal Rules, the custodian must—
(a) endorse on the notice the date that it is served on him; and
(b) forward it to the Tribunal immediately.
Time limit
8.—(1) A person who wishes to appeal must give a notice of appeal not later than 2 days after the day on which he is served with notice of the immigration decision against which he is appealing.
(2) Where a notice of appeal is given outside the time limit in paragraph (1), the Tribunal must not extend the time for appealing unless it is satisfied that, because of circumstances outside the control of the person giving notice of appeal or his representative, it was not practicable for the notice of appeal to be given within that time limit.
Service of notice of appeal on respondent
9. When the Tribunal receives a notice of appeal it shall immediately serve a copy upon the respondent.
Filing of documents by respondent
10. The respondent must file the documents listed in rule 13(1) of the Principal Rules not later than 2 days after the day on which the Tribunal serves the respondent with the notice of appeal.
Listing
11.—(1) The Tribunal shall fix a hearing date which is—
(a)
(a) not later than 2 days after the day on which the respondent files the documents under rule 10; or
(b)
(b) if the Tribunal is unable to arrange a hearing within that time, as soon as practicable thereafter.
(2) The Tribunal must serve notice of the date, time and place of the hearing on every party as soon as practicable, and in any event not later than noon on the business day before the hearing.
Deciding timeliness issues
12.—(1) The Tribunal shall consider any issue as to—
(a)
(a) whether a notice of appeal was given outside the applicable time limit; and
(b)
(b) whether to extend the time for appealing where the notice of appeal was given outside that time limit,
as a preliminary issue at the hearing fixed under rule 11, subject to paragraph (2) of this rule.
(2) Rule 13 applies to the consideration and decision of such an issue as it applies to the consideration and determination of an appeal.
(3) Where the notice of appeal was given outside the applicable time limit and the Tribunal does not grant an extension of time, the Tribunal must take no further action in relation to the notice of appeal, except that it must serve written notice of its decision under this rule on the parties not later than 1 day after the day on which that decision is made.
Method of determining appeal
13. The Tribunal must consider the appeal at the hearing fixed under rule 11 except where—
(a) the appeal—
(i) lapses pursuant to section 99 of the 2002 Act;
(ii) is treated as abandoned pursuant to section 104(4) of the 2002 Act;
(iii) is treated as finally determined pursuant to section 104(5) of the 2002 Act; or
(iv) is withdrawn by the appellant or treated as withdrawn in accordance with rule 17 of the Principal Rules;
(b) the Tribunal adjourns the hearing under rule 28 or 30(2)(a) of these Rules; or
(c) all of the parties to the appeal consent to the Tribunal determining the appeal without a hearing.
Giving of determination
14.—(1) Where the Tribunal determines an appeal, it must give a written determination containing its decision and the reasons for it.
(2) The Tribunal must serve its determination on every party to the appeal—
(a)
(a) if the appeal is considered at a hearing, not later than 2 days after the day on which the hearing of the appeal finishes; or
(b)
(b) if the appeal is determined without a hearing, not later than 2 days after the day on which it is determined.
PART 3
Reconsideration of Appeals, etc.
Scope of this Part
15.—(1) This Part applies to proceedings before the Tribunal of a type specified in rule 24 of the Principal Rules, where—
(a)
(a) Part 2 of these Rules applied at all times to the appeal to the Tribunal;
(b)
(b) Part 3 of these Rules applied at all times to any other proceedings before the Tribunal of a type specified in rule 24 of the Principal Rules which related to that appeal; and
(c)
(c) the appellant has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to these Rules since being served with notice of the immigration decision against which he is appealing.
(2) This Part shall cease to apply if the Tribunal makes an order under rule 30(1).
SECTION 1
Section 103A applications considered by members of the Tribunal
Application of Section 1 of Part 3 of the Principal Rules
16. Where this Part applies to a section 103A application, the following provisions of Section 1 of Part 3 of the Principal Rules apply—
(a) rule 25;
(b) rule 26, omitting paragraphs (2) and (4) of that rule;
(c) rule 27(1) and (2); and
(d) rule 28.
Service of application and response
17. Where a section 103A application to which this Part applies is filed with the Tribunal—
(a) the Tribunal must serve copies of the application notice and any documents which were attached to it on the party to the appeal other than the party who made the...
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