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Nationality, Immigration and Asylum Act 2002

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[F1Judicial assistanceE+W+S+N.I.

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Amendments (Textual)

5A(1)The Senior President of Tribunals, with the consent of the President of the Tribunal, may assign—E+W+S+N.I.

(a)a relevant tribunal judge to act as a legally qualified member of the Tribunal;

(b)a relevant other tribunal member to act as a member of the Tribunal who is not a legally qualified member.

(2)In this paragraph—

(a)relevant tribunal judge” means—

(i)a person who is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii)a transferred-in judge of the First-tier Tribunal,

(iii)a person who is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to that Act,

(iv)a transferred-in judge of the Upper Tribunal,

(v)a deputy judge of the Upper Tribunal, or

(vi)a person who is the Chamber President of a chamber of the First-tier Tribunal, or of a chamber of the Upper Tribunal, and does not fall within any of sub-paragraphs (i) to (v);

(b)relevant other tribunal member” means—

(i)a person who is a member of the First-tier Tribunal by virtue of appointment under paragraph 2(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(ii)a transferred-in other member of the First-tier Tribunal,

(iii)a person who is a member of the Upper Tribunal by virtue of appointment under paragraph 2(1) of Schedule 3 to that Act, or

(iv)a transferred-in other member of the Upper Tribunal.

(3)A relevant tribunal judge within sub-paragraph (2)(a)(i) or (ii) who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(a)has the title of Immigration Judge, and

(b)is neither the President, nor a Deputy President, of the Tribunal.

(4)A relevant tribunal judge within sub-paragraph (2)(a)(iii), (iv) or (v) who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise—

(a)any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i)has the title of Immigration Judge, and

(ii)is neither the President, nor a Deputy President, of the Tribunal, and

(b)any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i)has the title of Senior Immigration Judge, and

(ii)is neither the President, nor a Deputy President, of the Tribunal.

(5)A relevant other tribunal member who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise any function or jurisdiction which is exercisable by a member of the Tribunal who—

(a)is appointed under paragraph 2(1)(e), and

(b)is neither the President, nor a Deputy President, of the Tribunal.

5B(1)The Senior President of Tribunals may—E+W+S+N.I.

(a)with the consent of the President of the Tribunal,

(b)with the consent required by sub-paragraph (4), and

(c)with the consent of the relevant judge concerned,

assign a relevant judge to act as a Senior Immigration Judge.

(2)In this paragraph “relevant judge” means a person who—

(a)is an ordinary judge of the Court of Appeal in England and Wales (including the vice-president, if any, of either division of that Court),

(b)is a Lord Justice of Appeal in Northern Ireland,

(c)is a judge of the Court of Session,

(d)is a puisne judge of the High Court in England and Wales or Northern Ireland,

(e)is a circuit judge,

(f)is a sheriff in Scotland,

(g)is a county court judge in Northern Ireland,

(h)is a district judge in England and Wales or Northern Ireland, or

(i)is a District Judge (Magistrates' Courts).

(3)References in sub-paragraph (2)(c) to (i) to office-holders do not include deputies or temporary office-holders.

(4)The consent required by this sub-paragraph is—

(a)the consent of the Lord Chief Justice of England and Wales where the relevant judge is—

(i)an ordinary judge of the Court of Appeal in England and Wales,

(ii)a puisne judge of the High Court in England and Wales,

(iii)a circuit judge,

(iv)a district judge in England and Wales, or

(v)a District Judge (Magistrates' Courts);

(b)the consent of the Lord President of the Court of Session where the relevant judge is—

(i)a judge of the Court of Session, or

(ii)a sheriff;

(c)the consent of the Lord Chief Justice of Northern Ireland where the relevant judge is—

(i)a Lord Justice of Appeal in Northern Ireland,

(ii)a puisne judge of the High Court in Northern Ireland,

(iii)a county court judge in Northern Ireland, or

(iv)a district judge in Northern Ireland.

(5)A relevant judge who is assigned under sub-paragraph (1) may, when acting under his assignment, exercise—

(a)any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i)has the title of Immigration Judge, and

(ii)is neither the President, nor a Deputy President, of the Tribunal, and

(b)any function or jurisdiction which is exercisable by a legally qualified member of the Tribunal who—

(i)has the title of Senior Immigration Judge, and

(ii)is neither the President, nor a Deputy President, of the Tribunal.]

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