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The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

Consolidated Text Cited authorities 65 Cited in Amendments 25 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2014/2604
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) In these Rules—
  • “the 1999 Act” means the Immigration and Asylum Act 1999 ;
  • “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 ;
    • ...
  • “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;
  • F41“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;
  • F70“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;
    • ...
  • “the Fees Order” means the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 ;
  • “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 ;
  • “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 ; 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.(1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.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;avoiding unnecessary formality and seeking flexibility in the proceedings;ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;using any special expertise of the Tribunal effectively; andavoiding delay, so far as compatible with proper consideration of the issues.exercises any power under these Rules; orinterprets any rule or practice direction.help the Tribunal to further the overriding objective; andco-operate with the Tribunal generally.(1) Anything of a formal or administrative nature which is required or permitted to be done by the Tribunal under these Rules may be done by a member of the Tribunal's staff.(2) Staff appointed F51under section 40(1) of the 2007 Act (tribunal staff and services) or section 2(1) of the Courts Act 2003 (court officers, staff and services) may, F52if authorised by the Senior President of Tribunals F53under paragraph 3(3) of Schedule 5 to the 2007 Act, carry out functions of a judicial nature permitted or required to be done by the Tribunal.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (2) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.(1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.extend or shorten the time for complying with any rule, practice direction or direction;consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues;permit or require a party to amend a document;permit or require a party or another person to provide documents, information, evidence or submissions to the Tribunal or a party;provide for a particular matter to be dealt with as a preliminary issue;hold a hearing F71or

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