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Nationality, Immigration and Asylum Act 2002

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106 RulesE+W+S+N.I.

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(1)The Lord Chancellor may make rules—

(a)regulating the exercise of the right of appeal under section 82 [F1[F2, 83 or 83A] or by virtue of section 109] ;

(b)prescribing procedure to be followed in connection with proceedings under section 82 [F3[F4, 83 or 83A] or by virtue of section 109] .

[F5(1A)In making rules under subsection (1) the Lord Chancellor shall aim to ensure—

(a)that the rules are designed to ensure that proceedings before the Tribunal are handled as fairly, quickly and efficiently as possible, and

(b)that the rules where appropriate confer on members of the Tribunal responsibility for ensuring that proceedings before the Tribunal are handled as fairly, quickly and efficiently as possible.]

(2)In particular, rules under subsection (1)—

(a)must entitle an appellant to be legally represented at any hearing of his appeal;

(b)may enable or require an appeal to be determined without a hearing;

(c)may enable or require an appeal to be dismissed without substantive consideration where practice or procedure has not been complied with;

(d)may enable or require [F6the Tribunal] to treat an appeal as abandoned in specified circumstances;

(e)may enable or require F7. . . the Tribunal to determine an appeal in the absence of parties in specified circumstances;

(f)may enable or require F7. . . the Tribunal to determine an appeal by reference only to written submissions in specified circumstances;

(g)may make provision about the adjournment of an appeal by [F8the Tribunal](which may include provision prohibiting [F8the Tribunal] from adjourning except in specified circumstances);

(h)may make provision about the treatment of adjourned appeals by [F9the Tribunal](which may include provision requiring [F9the Tribunal] to determine an appeal within a specified period);

(i)may make provision about the use of electronic communication in the course of or in connection with a hearing;

(j)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)may enable the Tribunal to set aside a decision of the Tribunal;

(m)must make provision about the consolidation of appeals F11. . . ;

(n)may make provision (which may include presumptions) about service;

(o)may confer ancillary powers on F12. . . the Tribunal;

(p)may confer a discretion on F13. . . the Tribunal;

(q)may require F14. . . the Tribunal to give notice of a determination to a specified person;

(r)may require or enable notice of a determination to be given on behalf of F15. . . the Tribunal;

(s)may make provision about the grant of bail by F16. . . the Tribunal (which may, in particular, include provision which applies or is similar to any enactment).

[F17(t)may make provision about the number of members exercising the Tribunal’s jurisdiction;

(u)may make provision about the allocation of proceedings among members of the Tribunal (which may include provision for transfer);

(v)may make provision about reconsideration of a decision pursuant to an order under section 103A(1) (which may, in particular, include provision about the action that may be taken on reconsideration and about the matters and evidence to which the Tribunal may have regard);

(w)shall provide that a party to an appeal is to be treated as having received notice of the Tribunal’s decision, unless the contrary is shown, at such time as may be specified in, or determined in accordance with, the rules;

(x)may make provision about proceedings under paragraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (transitional filter of applications for reconsideration from High Court to Tribunal) (and may, in particular, make provision of a kind that may be made by rules of court under section 103A(5)(b));

(y)may make provision about the form and content of decisions of the Tribunal.]

(3)Rules under subsection (1)—

(a)may enable F18. . . the Tribunal to make an award of costs or expenses,

(b)may make provision (which may include provision conferring discretion on a court) for the taxation or assessment of costs or expenses,

(c)may make provision about interest on an award of costs or expenses (which may include provision conferring a discretion or providing for interest to be calculated in accordance with provision made by the rules),

(d)may enable F19. . . the Tribunal to disallow all or part of a representative’s costs or expenses,

(e)may enable F20. . . the Tribunal to require a representative to pay specified costs or expenses, and

[F21(f)may enable the Tribunal to certify that an appeal had no merit (and shall make provision for the consequences of the issue of a certificate).]

(4)A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with rules under subsection (1) to attend before F22. . . the Tribunal—

(a)to give evidence, or

(b)to produce a document.

(5)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Amendments (Textual)

F2Words in s. 106(1)(a)(b) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 9; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F4Words in s. 106(1)(a)(b) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 9; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C1S. 106 extended by 1981 c. 61, s. 40A(7) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

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