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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Schedule 1: New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

111.Schedule 1 replaces Schedule 4 of the 2002 Act, as specified in section 26(4).

112.Schedule 4 made provision for the appointment of asylum adjudicators and related matters. As the two-tier system of adjudicators and the Immigration Appeal Tribunal is replaced by the single tier Asylum and Immigration Tribunal, the new Schedule makes provision for the appointment of members of the new Tribunal and related matters instead.

113.Paragraph 1 imposes on the Lord Chancellor the duty and responsibility for appointing the members of the new Tribunal.

114.Paragraph 2 specifies the qualifications required to become a member of the new Tribunal. There will be legally qualified members and non-legal members.

115.Paragraph 3 specifies when the appointment of a Tribunal member shall end, including specifying a retirement age of 70, and otherwise makes the holding of office subject to the terms of the holder’s appointment. The terms and conditions may make provision for removal from office, and also about the training, appraisal and mentoring of members the Tribunal by other members.

116.Paragraph 4 allows the Lord Chancellor to make provision for the title of members of the Tribunal. Read together with paragraph 23 of Schedule 2, the order is subject to the negative resolution procedure.

117.Paragraph 5 provides for the Lord Chancellor to appoint a President of the Tribunal, and one or more Deputy Presidents, and specifies the qualifications for appointment as President. It also makes provision for the powers and functions of the Deputy Presidents.

118.Paragraphs 6 to 8 are provisions for the sitting arrangements, constitution of the Tribunal composition and allocation of proceedings to members of the Tribunal. In particular, paragraph 7 provides that it is for the President to determine, having regard to various factors, whether cases are heard by a single Tribunal judge or a panel of members, and when non-legal members will sit. The direction making power is subject to rules.

119.Paragraph 9 allows the Lord Chancellor to appoint Tribunal staff. Paragraphs 10 and 11 make provision for the remuneration and allowances to members and staff of the Tribunal.

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