The Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007
Jurisdiction | UK Non-devolved |
Citation | SI 2007/1317 |
Year | 2007 |
2007 No. 1317
IMMIGRATION, ENGLAND AND WALES
LEGAL SERVICES COMMISSION, ENGLAND AND WALES
The Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007
Made 24th April 2007
Coming into force 30th April 2007
These Regulations are made in exercise of the powers conferred upon the Secretary of State by section 103D(4), (5) and (6) of the Nationality, Immigration and Asylum Act 20021.
The Secretary of State has consulted in accordance with section 103D(7) of that Act.
In accordance with section 112(6) of that Act, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.
Accordingly the Secretary of State makes the following Regulations:
Citation, commencement, scope and interpretation
1.—(1) These Regulations may be cited as the Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007 and shall come into force on 30th April 2007.
(2) These Regulations have effect only in relation to appeals decided in England and Wales.
(3) In these Regulations, references to a regulation by number alone refer to the regulation so numbered in the Community Legal Service (Asylum and Immigration Appeals) Regulations 20052.
Amendments to the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005
2. In regulation 5—
(a) in paragraph (2), omit “subject to paragraph (5)”; and
(b) omit paragraph (5).
3. In regulation 6—
(a) after paragraph (1), insert—
“1A The Tribunal may only make an order under section 103D(3) where—
(a) it has reconsidered its decision on an appeal; or
(b) an order for reconsideration has been made but the reconsideration does not take place or is not completed because—
(i) the appeal lapses, or is treated as abandoned or finally determined, by operation of an enactment; or
(ii) the appeal is withdrawn by the appellant, or is treated as withdrawn because the respondent withdraws the decision or decisions to which the appeal relates.”;
(b) in paragraph (3), for “does not allow an appeal”, substitute “dismisses an appeal on reconsideration”;
(c) after paragraph (3), insert—
“3A If an order for reconsideration is made but the reconsideration does not take place or is not completed, the Tribunal must not make an...
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