| STATUTORY INSTRUMENTS |
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| The Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2008 |
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Made
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11th April 2008
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Laid before Parliament
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21st April 2008
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Coming into force
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12th May 2008
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The Lord Chancellor makes these Rules in exercise of the powers conferred by sections 106(1) to (3) and 112(3) of the Nationality, Immigration and Asylum Act 2002(1) and section 40A(3) of the British Nationality Act 1981(2). |
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He has consulted the Administrative Justice and Tribunals Council in accordance with section 8 of the Tribunals and Inquiries Act 1992(3). |
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(1) |
These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2008 and come into force on 12th May 2008. |
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(2) |
In these Rules a reference to a rule by number alone is to the rule so numbered in the Asylum and Immigration Tribunal (Procedure) Rules 2005(4). |
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“(2) |
The notice of appeal must be accompanied by— |
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(a) |
the notice of decision against which the appellant is appealing; or |
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(b) |
if it is not practicable to include the notice of decision, the reasons why it is not practicable.”. |
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(a) |
for the title substitute “Where the Tribunal may not accept a notice of appeal”; and |
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(b) |
for paragraph (1) substitute— |
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“(1) |
Where a person has given a notice of appeal to the Tribunal and the circumstances in paragraph (1A) apply, the Tribunal may not accept the notice of appeal. |
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(1A) |
The circumstances referred to in paragraph (1) are that— |
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(a) |
there is no relevant decision; or |
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(b) |
the notice of appeal concerns the refusal of an application for entry clearance which was not made for a purpose falling within section 88A(1)(a) or (b) of the 2002 Act, and the notice of appeal does not rely on either of the grounds specified in section 88A(3)(a) of the 2002 Act.”. |
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(a) |
after sub-paragraph (b) insert— |
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“(ba) |
the appellant is outside the United Kingdom and his representative’s address for service is outside the United Kingdom;”; and |
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(b) |
in sub-paragraph (c) after “a direction of the Tribunal” insert “, or to provide a satisfactory explanation under rule 8(2)(b)”. |
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“(1) |
When the other party to the appeal is served with an order for reconsideration, he must file with the Tribunal and serve on the applicant a reply setting out his case if he contends that— |
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(a) |
there was no error of law in the decision on the appeal; or |
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(b) |
there was an error of law in the decision on the appeal, but it was not a material error of law.”. |
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(i) |
in sub-paragraph (a) delete “and”; |
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(ii) |
in sub-paragraph (b) for “reconsideration.” substitute “reconsideration; and”; and |
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(iii) |
after sub-paragraph (b) insert— |
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“(c) |
when making a decision under paragraph (2)(a)— |
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(i) |
must take into account the section 103A application and any reply; and |
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(ii) |
may take into account any other matter which it considers relevant.”; and |
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(b) |
in paragraph (5) after “In” insert “ rule 30 and”. |
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(a) |
in paragraph (2) for “make a separate determination (“the funding determination”)” substitute “make a determination (“the funding determination”) either at the same time as its determination of the reconsidered appeal (“the principal determination”) or in a separate determination,”; and |
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(b) |
in paragraph (4) for “the determination of the reconsidered appeal (“the principal determination”)” substitute “the principal determination”. |
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(a) |
grant permission to appeal; |
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(b) |
refuse permission to appeal; or |
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(c) |
subject to paragraph (3), set aside the Tribunal’s determination and direct that the proceedings be reheard by the Tribunal. |
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(3) |
The power in paragraph (2)(c) may be exercised only— |
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(a) |
by the President or a Deputy President; |
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(b) |
with the agreement of the parties; and |
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(c) |
where there has been no previous exercise of the power in the proceedings.”. |
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In rule 45(4)(c), after “party” add “ (including, where the Tribunal considers that there are exceptional reasons for doing so, extending a time limit which has expired)”. |
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“(3) |
If the respondent knows that the appellant has changed the address referred to in paragraph (1), he must notify the Tribunal in writing of that fact and, if he is aware of it, the new address.”. |
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Signed by authority of the Lord Chancellor |
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11th April 2008 |
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
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