The Asylum Support Appeals (Procedure) (Amendment) Rules 2003

Statutory Instruments

2003 No. 1735

IMMIGRATION

The Asylum Support Appeals (Procedure) (Amendment) Rules 2003

Made

10th July 2003

Laid before Parliament

15th July 2003

Coming into force

11th August 2003

The Secretary of State, in exercise of the powers conferred on him by sections 104 and 166(3) of the Immigration and Asylum Act 1999(1), after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(2), and having regard to the desirability of securing, so far as reasonably practicable, that appeals are brought and disposed of with the minimum of delay, hereby makes the following Rules:

Citation and commencement

1.—(1) These Rules may be cited as the Asylum Support Appeals (Procedure) (Amendment) Rules 2003 and shall come into force on 11th August 2003.

(2) These Rules do not apply in relation to decision letters received by appellants before 11th August 2003.

Amendments to the Asylum Support Appeals (Procedure) Rules 2000

2.  The Asylum Support Appeals (Procedure) Rules 2000(3) are amended as follows.

3.  In rule 3(3), for “2 days”, substitute “3 days”.

4.  In rule 4(2), for “On the day after the day”, substitute “2 days after the day”.

5.  In rule 6(1), for “4 days”, substitute “not later than 5 days”.

6.  In rule 6(2), for “4 days”, substitute “5 days”.

7.  In rule 13(1)(d), for “2 days”, substitute “3 days”.

8.  For the notice of appeal form in the Schedule, substitute the notice of appeal form in the Schedule to these Rules.

Beverley Hughes

Minister of State

Home Office

10th July 2003

Rule 8

SCHEDULE Asylum Support Adjudicators

Explanatory Note

(This note is not part of the Rules)

These Rules, which come into force on 11th August 2003, and have effect in relation to decision letters received on or after 11th August 2003, amend the Asylum Support Appeals (Procedure) Rules 2000 (“the 2000 Rules”) in a number of respects. Rule 3 amends rule 3(3) of the 2000 Rules to provide that the adjudicator must receive a notice of appeal not more than 3 days after the day on which the appellant received the decision letter.

Rule 4 amends rule 4(2) of the 2000 Rules with the effect that the Secretary of State must send an appeal bundle to the adjudicator 2 days after the day on which the adjudicator receives a notice of appeal.

Rule 5 amends rule 6(1) of the 2000 Rules to provide that, where there is an oral hearing, it must be held and the appeal determined not later than 5 days after consideration day. Rule 6 amends rule 6(2) to provide that, in all other cases, the appeal must be determined not later than 5 days after consideration day.

Rule 7 amends rule 13(1)(d) of the 2000 Rules. The effect is that the adjudicator must send a reasons statement to the appellant and to the Secretary of State 3 days after the date on which the appeal is determined.

Rule 8 substitutes a new notice of appeal form in the 2000 Rules. The new notice of appeal contains minor amendments to some of the questions and introduces boxes for appellants to tick when they are answering questions. It also makes it clear that a separate sheet may be inserted if required in order to specify the matters in the decision letter with which the appellant disagrees. A Guidance Note is inserted at the end of the notice of appeal: it gives practical information about the completion and return of the notice.

(1)

1999 c. 33.

(2)

1992 c. 53.

(3)

S.I. 2000/541.