The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2604 |
| Year | 2014 |
Statutory Instruments
2014 No. 2604 (L. 31)
Tribunals And Inquiries
The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
Made
24th September 2014
Laid before Parliament
29th September 2014
Coming into force
20th October 2014
Having consulted in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007
M1
, the Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by—
(a)
sections 9, 22, 29(3) and (4) of and Schedule 5 to the Tribunals, Courts and Enforcement Act 2007,
(b)
paragraph 25 of Schedule 2 to the Immigration Act 1971
M2
,
(c)
section 106(3) of the Nationality, Immigration and Asylum Act 2002
M3
,
(d)
section 40A(3) of the British Nationality Act 1981
M4
, and
(e)
Schedule 1 to the Immigration (European Economic Area) Regulations 2006
M5
.
The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.
Marginal Citations
M1
2007 c.15
M2
1971 c. 77. Paragraph 25 of Schedule 2 was amended by S.I. 2010/21.
M3
2002 c. 41. Section 106 was amended by paragraph 21 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19). It was also amended by paragraph 9 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006 (c. 13), by section 19 of the UK Borders Act 2007 (c. 30) and by S.I. 2010/21. It applies in relation to appeals under the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) by virtue of paragraph 1 of Schedule 1 to those Regulations.
M4
1981 c. 61. Section 40A was inserted by section 4(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) and amended by paragraph 4 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).
M5
S.I. 2006/1003. Schedule 1 was amended by S.I. 2010/21.
Citation, commencement, application and interpretation
(1.)
(1)
These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and come into force on 20th October 2014.
(2)
They apply to proceedings before the Immigration and Asylum Chamber of the First-tier Tribunal.
(3)
F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
In these Rules—
“
the 1999 Act
” means the Immigration and Asylum Act 1999
M6
;
“
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
M7
;
F2
...
“
the 2007 Act
” means the Tribunals, Courts and Enforcement Act 2007;
F3
“the 2020 Regulations” means the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020;
“
appealable decision
” means a decision from which there is a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal;
“
appellant
” means a person who has provided a notice of appeal to the Tribunal against an appealable decision in accordance with these Rules;
F4
“
appointment
” means (except in rule 10(5)), a case management meeting conducted by a member of the Tribunal’s staff authorised to carry out functions of a judicial nature pursuant to rule 3(2), held for the purpose of carrying out any of those functions;
“
asylum claim
” has the meaning given in section 113(1) of the 2002 Act;
“
certificate of fee satisfaction
” means a certificate of fee satisfaction issued by the Lord Chancellor under article 8 of the Fees Order;
“
decision maker
” means the maker of a decision against which an appeal is brought;
“
dispose of proceedings
” includes, unless indicated otherwise, disposing of a part of the proceedings;
“
document
” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;
F5
...
“
the Fees Order
” means the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011
M8
;
“
hearing
” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;
“
the Immigration Acts
” means the Acts referred to in section 61 of the UK Borders Act 2007
M9
;
“
party
” means—
(a)
an appellant or respondent to proceedings;
(b)
a party to a bail application as provided for in rule 37(3) and 37(4); and
(c)
the UNHCR where notice has been given to the Tribunal in accordance with rule 8(3);
“
practice direction
” means a direction given under section 23 of the 2007 Act;
“
qualified representative
” means a person who is a qualified person in accordance with section 84(2) of the 1999 Act;
“
respondent
” means—
(a)
the decision maker specified in the notice of decision against which a notice of appeal has been provided; and
(b)
a person substituted or added as a respondent in accordance with rule 8.
“
Tribunal
” means the First-tier Tribunal;
“
the UNHCR
” means the United Kingdom Representative of the United Nations High Commissioner for Refugees; and
“
working day
” means any day except—
(a)
a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971
M10
; and
(b)
27th to 31st December inclusive.
(5)
A rule or Part referred to by number alone, means a rule in, or Part of, these Rules.
Overriding objective and parties' obligation to co-operate with the Tribunal
(2.)
(1)
The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.
(2)
Dealing with a case fairly and justly includes—
(a)
dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;
(b)
avoiding unnecessary formality and seeking flexibility in the proceedings;
(c)
ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;
(d)
using any special expertise of the Tribunal effectively; and
(e)
avoiding delay, so far as compatible with proper consideration of the issues.
(3)
The Tribunal must seek to give effect to the overriding objective when it—
(a)
exercises any power under these Rules; or
(b)
interprets any rule or practice direction.
(4)
Parties must—
(a)
help the Tribunal to further the overriding objective; and
(b)
co-operate with the Tribunal generally.
Amendments (Textual)
F1
Rule 1(3) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 10(2)(a)
F2
Words in rule 1 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 39(2) (with reg. 39(5)(6))
F3
Words in rule 1 inserted (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 6(2)
F4
Words in rule 1(4) inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(2)
F5
Words in rule 1(4) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 10(2)(b)
Marginal Citations
M6
1999 c.33
M7
...Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
