The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010

JurisdictionUK Non-devolved
CitationSI 2010/21

2010 No. 21

Tribunals And Inquiries

The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010

Made 6th January 2010

Coming into force 15th February 2010

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 30(1) and (4), 31(1), (2), (7) and (9) and 38 of the Tribunals, Courts and Enforcement Act 20071.

The Lord Chancellor has consulted the Administrative Justice and Tribunals Council in accordance with paragraph 24(1) of Schedule 7 to that Act.

A draft of this Order was laid before Parliament and approved by resolution of each House of Parliament in accordance with section 49(5) of that Act.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 and comes into force on 15th February 2010.

S-2 Transfer of functions and abolition of tribunal

Transfer of functions and abolition of tribunal

2.—(1) The functions of the Asylum and Immigration Tribunal are transferred to the First-tier Tribunal.

(2) The Asylum and Immigration Tribunal is abolished.

S-3 Transfer of persons into the First-tier Tribunal and the Upper Tribunal

Transfer of persons into the First-tier Tribunal and the Upper Tribunal

3. A person who, immediately before this Order comes into force, holds an office listed in column (1) of the following table is to hold the office or offices listed in the corresponding entry in column (2) of the table.

(1) Office held

(2) Office to be held

Deputy President of the Asylum and Immigration Tribunal appointed under paragraph 5(1)(b) of Schedule 4 to the Nationality, Immigration and Asylum Act 20022

Transferred-in judge of the Upper Tribunal

Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 and specified by the Lord Chancellor as a Senior Immigration Judge pursuant to the Asylum and Immigration Tribunal (Judicial Titles) Order 20053

Transferred-in judge of the Upper Tribunal

Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 and specified by the Lord Chancellor as a Designated Immigration Judge pursuant to the Asylum and Immigration Tribunal (Judicial Titles) Order 2005

Transferred-in deputy judge of the Upper Tribunal; transferred-in judge of the First-tier Tribunal

Legally qualified member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(a) to (d) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002

Transferred-in judge of the First-tier Tribunal

Other member of the Asylum and Immigration Tribunal appointed under paragraphs 1 and 2(1)(e) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002

Transferred-in other member of the Upper Tribunal

S-4 Transfer of Rules

Transfer of Rules

4. The Asylum and Immigration Tribunal (Procedure) Rules 20054and the Asylum and Immigration Tribunal (Procedure) (Fast-track) Rules 20055have effect as if they were Tribunal Procedure Rules.

S-5 Consequential and transitional provisions

Consequential and transitional provisions

5.—(1) Schedule 1 contains consequential amendments to primary legislation as a consequence of the transfers effected by this Order.

(2) Schedule 2 contains consequential amendments to secondary legislation as a consequence of the transfers effected by this Order.

(3) Schedule 3 contains repeals and revocations as a consequence of the amendments in Schedules 1 and 2.

(4) Schedule 4 contains transitional and saving provisions.

Bridget Prentice

Parliamentary Under-Secretary of State,

Ministry of Justice

6th January 2010

SCHEDULE 1

Article 5(1)

Consequential provisions – primary legislation

Immigration Act 1971

Immigration Act 1971

SCH-1.1

1. Schedule 2 to the Immigration Act 19716(administrative provisions as to control on entry etc.) is amended as follows.

SCH-1.2

2. In paragraphs 22(1A), (2), and (3), 23(1) and (2), 24(2)(a) and (3), 29(2), (3) and (6) and 33(3) for “the Asylum and Immigration Tribunal”, in each place, substitute “the First-tier Tribunal”.

SCH-1.3

3. For paragraph 25 substitute—

SCH-1.25

25. Tribunal Procedure Rules may make provision with respect to applications to the First-tier Tribunal under paragraphs 22 to 24 and matters arising out of such applications.”.

SCH-1.4

4. House of Commons Disqualification Act 1975

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 19757(bodies of which all members are disqualified) omit the entry relating to the Asylum and Immigration Tribunal.

SCH-1.5

5. Northern Ireland Assembly Disqualification Act 1975

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 19758(bodies of which all members are disqualified) omit the entry relating to the Asylum and Immigration Tribunal.

SCH-1.6

6. Race Relations Act 1976

In section 57A(5) of the Race Relations Act 19769(claims under section 19B in immigration cases)—

(a) in the definition of “immigration appellate body”—

(i) for “the Asylum and Immigration Tribunal,” substitute “the First-tier Tribunal,”; and

(ii) after “the Special Immigration Appeals Commission,” insert “the Upper Tribunal,”;

(b) in paragraph (b) of the definition of “relevant decision” for “or Part 5 of the 2002 Act” substitute “, Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act”;

(c) in the definition of “relevant immigration proceedings” for “or Part 5 of the 2002 Act” substitute “, Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act”; and

(d) after the definition of “the 2002 Act” insert—

““the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;”.

SCH-1.7

7. British Nationality Act 1981

In section 40A of the British Nationality Act 198110(deprivation of citizenship: appeal)—

(a) in subsection (1) for “the Asylum and Immigration Tribunal” substitute “the First-tier Tribunal”; and

(b) omit subsection (3)(b).

SCH-1.8

8. Courts and Legal Services Act 1990

In Schedule 11 to the Courts and Legal Services Act 199011(judges etc barred from legal practice) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.

SCH-1.9

9. Tribunals and Inquiries Act 1992

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 199212(tribunals under direct supervision of Council) omit the entry at paragraph 22 relating to immigration and asylum.

Judicial Pensions and Retirement Act 1993

Judicial Pensions and Retirement Act 1993

SCH-1.10

10. The Judicial Pensions and Retirement Act 199313is amended as follows.

SCH-1.11

11. Omit section 26(12A)(g) (retirement date for holders of certain judicial offices etc).

SCH-1.12

12. In Part 2 of Schedule 1 (other offices whose holders are appointed by the Lord Chancellor) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.

SCH-1.13

13. In Schedule 5 (retirement provisions: the relevant offices) omit the entry relating to the President or other member of the Asylum and Immigration Tribunal.

Special Immigration Appeals Commission Act 1997

Special Immigration Appeals Commission Act 1997

SCH-1.14

14. The Special Immigration Appeals Commission Act 199714is amended as follows.

SCH-1.15

15. In section 5(2A) (procedure in relation to jurisdiction under sections 2 and 3) for the words from “rules under section 106” to the end substitute “Tribunal Procedure Rules”.

SCH-1.16

16. In paragraph 5(b) of Schedule 1 (proceedings) for “a legally qualified member of the Asylum and Immigration Tribunal” substitute “a judge of the First-tier Tribunal, or of the Upper Tribunal, who is assigned to a chamber with responsibility for immigration and asylum matters”.

SCH-1.17

17. In paragraphs 1(3)(a) and (b) and (4)(a) and (b) and 2(2)(a) and (b) and (3)(a) and (b) of Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act 1971) for “the Asylum and Immigration Tribunal” substitute “the First-tier Tribunal”.

SCH-1.18

18. Access to Justice Act 1999

In paragraph 2(1) of Schedule 2 to the Access to Justice Act 199915(community legal services: excluded services)—

(a) after paragraph (g) insert—

“(gza)

“(gza) the First-tier Tribunal under—

(i) Schedule 2 to the Immigration Act 1971,

(ii) section 40A of the British Nationality Act 1981,

(iv) regulation 26 of the Immigration (European Economic Area) Regulations 2006,”;

(b) in paragraph (ga) after “paragraph (g)” insert “or (gza)”; and

(c) omit paragraph (h).

SCH-1.19

19. Immigration and Asylum Act 1999

In section 156(3) of the Immigration and Asylum Act 199916(arrangements for the provision of escorts and custody) for paragraph (a) substitute—

“(a)

“(a) the First-tier Tribunal;

(b)

(b) the Upper Tribunal; and”.

Nationality, Immigration and Asylum Act 2002

Nationality, Immigration and Asylum Act 2002

SCH-1.20

20. The Nationality, Immigration and Asylum Act 200217is amended as follows.

SCH-1.21

21. In section 72 (serious criminal) after subsection (10) insert—

SCH-1.10A

“10A Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.”.

SCH-1.22

22. For section 81 (the Asylum and Immigration Tribunal) substitute—

SCH-1.81

Meaning of “the Tribunal”

81. In this Part “the Tribunal” means the First-tier Tribunal.”.

SCH-1.23

23. In section 85A (matters to be considered: new evidence: exceptions) at the end insert—

SCH-1.5

“5 Tribunal Procedure Rules may make provision, for the purposes of subsection (4)(a), about the circumstances in which evidence is to be treated, or not treated, as submitted in support of, and at the time of making, an application.”.

SCH-1.24

24. In section 87 (successful appeal: direction)—

(a) for...

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