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The Civil Procedure (Amendment) Rules 2005

As Enacted Cited authorities 25 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2005/352
Year2005

2005 No. 352 (L. 3)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment) Rules 2005

Made 21th February 2005

Laid before Parliament 28th February 2005

Coming into force 4th April 2005

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to make rules under section 1 of that Act, section 103A(4)(a) of the Nationality, Immigration and Asylum Act 20022and paragraph 30(6) of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 20043, after consulting in accordance with section 2(6)(a) of the Civil Procedure Act 1997, make the following Rules—

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Rules may be cited as the Civil Procedure (Amendment)...

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2005 and shall come into force on 4th April 2005.

S-2 In these Rules— a reference to a Part or rule by number alone...

2. In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 19984;

(b) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to the those Rules;

(c) “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

(d) “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004; and

(e) “adjudicator” means an adjudicator appointed, or treated as if appointed, under section 81 of the 2002 Act.

Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

S-3 In Part 54, at the end of the table of contents, insert the...

3. In Part 54, at the end of the table of contents, insert the text set out in Part I of the Schedule to these Rules.

S-4 In rule 54.24(1), for “Tribunal” substitute “Asylum and...

4. In rule 54.24(1), for “Tribunal” substitute “Asylum and Immigration Tribunal”.

S-5 In rule 54.25, for paragraphs (3) to (7) substitute— 3 The...

5. In rule 54.25, for paragraphs (3) to (7) substitute—

S-3

“3 The court may—

(a) affirm the Tribunal’s decision to refuse permission to appeal;

(b) reverse the Tribunal’s decision to grant permission to appeal; or

(c) order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal.

S-4

4 Where the Tribunal refused permission to appeal, the court will order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal only if it is satisfied that—

(a) the Tribunal may have made an error of law; and

(b) there is a real possibility that the Asylum and Immigration Tribunal would make a different decision from the adjudicator on reconsidering the appeal (which may include making a different direction under section 87 of the 2002 Act).

S-5

5 Where the Tribunal granted permission to appeal, the court will reverse the Tribunal’s decision only if it is satisfied that there is no real possibility that the Asylum and Immigration Tribunal, on reconsidering the adjudicator’s decision on the appeal, would make a different decision from the adjudicator.

S-6

6 The court’s decision shall be final and there shall be no appeal from that decision or renewal of the application.”.

S-6 In rule 54.26(1)(c), and in rule 54.27, for “Tribunal”...

6. In rule 54.26(1)(c), and in rule 54.27, for “Tribunal” substitute “Asylum and Immigration Tribunal”.

S-7 At the end of Part 54, insert Section III as set out in Part...

7. At the end of Part 54, insert Section III as set out in Part II of the Schedule to these Rules.

S-8 In CCR Order 49, in rule 12(3)(b), after “the court may order...

8. In CCR Order 49, in rule 12(3)(b), after “the court may order that any other person”, omit “, not being the patient,”.

Transitional provision
S-9 Transitional provision

Transitional provision

9.—(1) This rule applies where, by virtue of transitional provisions contained in an order made under section 48(3)(a) of the 2004 Act–

(a)

(a) an application to the Immigration Appeal Tribunal for permission to appeal against an adjudicator’s decision on an appeal, which was pending immediately before 4th April 2005, continues on and after 4th April 2005 as an application under section 103A of the 2002 Act; or

(b)

(b) an application is made under section 103A of the 2002 Act on or after 4th April 2005 for an order requiring the Asylum and Immigration Tribunal to reconsider an adjudicator’s decision on an appeal.

(2) III of Part 54 shall apply to the application, subject to the modifications set out in paragraphs (3) and (4).

(3) In rules 54.28(2)(c), 54.29(2) to (4) and 54.33(3) and (5)(a), references to the Tribunal shall be construed as references to the adjudicator who decided the appeal.

(4) In rules 54.28(2)(g) and 54.33(4)(b) and (5), the references to the Tribunal’s decision on the appeal shall be construed as references to the adjudicator’s decision.

Phillips of Worth Matravers, M.R.

John Dyson, L.J.

Rupert Jackson, J.

Terence Etherton, J.

Stephen Oliver-Jones

Steven Whitaker

Carlos Dabezies

David di Mambro

Andrew Parker

Tina Jones

Nicholas Burkill

Philip Rainey

Juliet Herzog

Richard Walford

Falconer of Thoroton, C.

21st February 2005

SCHEDULE

Rules 3 and 7

SCHEDULE

1 PART I

PART I

“III – APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Scope and interpretation

Rule 54.28

Application for review

Rule 54.29

Application to extend time limit

Rule 54.30

Procedure while filter provision has effect

Rule 54.31

Procedure in fast track cases while filter provision does not have effect

Rule 54.32

Determination of the application by the Administrative Court

Rule 54.33

Service of order

Rule 54.34

Costs

Rule 54.35”
2 PART II

PART II

“III – APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

SCH-1.54.28

Scope and interpretation

54.28.—(1) This Section of this Part contains rules about applications to the High Court under section 103A of the Nationality, Immigration and Asylum Act 20025for an order requiring the Asylum and Immigration Tribunal to reconsider its decision on an appeal.

(2) In this Section—

(a)

(a) “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

(b)

(b) “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 20046;

(c)

(c) “appellant” means the appellant in the proceedings before the Tribunal;

(d)

(d) “applicant” means a person applying to the High Court under section 103A;

(e)

(e) “asylum claim” has the meaning given in section 113(1) of the 2002 Act;

(f)

(f) “filter provision” means paragraph 30 of Schedule 2 to the 2004 Act;

(g)

(g) “order for reconsideration” means an order under section 103A(1) requiring the Tribunal to reconsider its decision on an appeal;

(h)

(h) “section 103A” means section 103A of the 2002 Act;

(i)

(i) “Tribunal” means the Asylum and Immigration Tribunal.

(3) Any reference in this Section to a period of time specified in—

(a)

(a) section 103A(3) for making an application for an order under section 103A(1); or

(b)

(b) paragraph 30(5)(b) of Schedule 2 to the 2004 Act for giving notice under that paragraph,

includes a reference to that period as varied by any order under section 26(8) of the 2004 Act.

(4) Rule 2.8 applies to the calculation of the periods of time specified in—

(a)

(a) section 103A(3); and

(b)

(b) paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

(5) Save as provided otherwise, the provisions of this Section apply to an application under section 103A regardless of whether the filter provision has effect in relation to that application.

SCH-1.54.29

Application for review

54.29.—(1) Subject to paragraph (4), an application for an order for reconsideration must be made by filing an application notice—

(a)

(a) during a period in which the filter provision has effect, with the Tribunal at the address specified in the relevant practice direction; and

(b)

(b) at any other time, at the Administrative Court Office.

(2) The applicant must file with the application notice—

(a)

(a) the notice of the immigration, asylum or nationality decision to which the appeal related;

(b)

(b) any other document which was served on the appellant giving reasons for that decision;

(c)

(c) the grounds of appeal to the Tribunal;

(d)

(d) the Tribunal’s determination on the appeal; and

(e)

(e) any other documents material to the application which were before the Tribunal.

(3) The applicant must also file with the application notice written submissions setting out—

(a)

(a) the grounds upon which it is contended that the Tribunal made an error of law which may have affected its decision; and

(b)

(b) reasons in support of those grounds.

(4) Where the applicant—

(a)

(a) was the respondent to the appeal; and

(b)

(b) was required to serve the Tribunal’s determination on the appellant,

the application notice must contain a statement of the date on which, and the means by which, the determination was served.

(5) Where the applicant is in detention under the Immigration Acts, the application may be made either—

(a)

(a) in accordance with paragraphs (1) to (3); or

(b)

(b) by serving the documents specified in paragraphs (1) to (3) on the person having custody of him.

(6) Where an application is made in accordance with paragraph (5)(b), the person on whom the application notice is served must—

(a)

(a) endorse on the notice the date that it is served on him;

(b)

(b) give the applicant an acknowledgment in writing of receipt of the notice; and

(c)

(c) forward the notice and documents within 2 days—

(i) during a period in which the filter provision has effect, to the Tribunal; and

(ii) at any other time, to the Administrative Court Office.

SCH-1.54.30

Application to extend time limit

54.30. An application to extend the time limit for making an application under section 103A(1) must—

(a) be made in the application notice;

(b) set out the grounds on...

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