Nationality, Immigration and Asylum Act 2002

Nationality, Immigration and Asylum Act 2002

2002 CHAPTER 41

Commentary on Sections

Part 5: Immigration and Asylum Appeals

Appeal from adjudicator

Section 100 and Schedule 5: Immigration Appeal Tribunal

255. Section 100 provides for the Tribunal to continue in being and gives effect to Schedule 5.

256. Schedule 5 makes further provision about the Immigration Appeal Tribunal. Paragraph 1 requires the Lord Chancellor to appoint its members and paragraph 2 deals with certain terms of office. Paragraph 3 requires the Lord Chancellor to appoint as President a member who holds or has held high judicial office, and paragraph 4 requires him to appoint a legally-qualified member of the Tribunal as Deputy President and sets out his functions. Paragraph 5 requires the Tribunal to sit when and where the Lord Chancellor determines. Paragraphs 6 and 7 enable the Tribunal to sit in more than one division and enable the President to direct that certain cases or classes of case be decided by a single member or a set number of members, or legally qualified members.

257. Paragraph 8 enables the Lord Chancellor to appoint staff for the Tribunal while paragraphs 9 and 10 concern remuneration and allowances for the Tribunal and its staff, Tribunal expenses, and compensation should a member leave in special circumstances. Paragraph 11 sets out the requirements for designation as a legally qualified member of the Tribunal.