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

Nationality, Immigration and Asylum Act 2002 (c. 41)

21 In section 106 (rules)—

(a) in subsection (1)(a) for “, 83 or 101” substitute “or 83 or by virtue of section 109”,

(b) in subsection (1)(b) for “, 83, 101(1) or 103” substitute “or 83 or by virtue of section 109”,

(c) after subsection (1) insert—

“(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.”,

(d) in subsection (2)(d) for “an adjudicator or the Immigration Appeal Tribunal” substitute “the Tribunal”,

(e) in subsection (2)(e) and (f) omit “an adjudicator or”,

(f) in subsection (2)(g) for “an adjudicator” substitute, in each place, “the Tribunal”,

(g) in subsection (2)(h) for “an adjudicator” substitute, in each place, “the Tribunal”,

(h) omit subsection (2)(j) and (k),

(i) in subsection (2)(m) omit the words from “(which may” to the end,

(j) in subsection (2)(o) omit “an adjudicator or”,

(k) in subsection (2)(p) omit “an adjudicator or”,

(l) in subsection (2)(q) omit “an adjudicator or”,

(m) in subsection (2)(r) omit “an adjudicator or”,

(n) in subsection (2)(s) omit “an adjudicator or”,

(o) after subsection (2)(s) insert—

“(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.”,

(p) in subsection (3)(a) omit “an adjudicator or”,

(q) in subsection (3)(d) omit “an adjudicator or”,

(r) in subsection (3)(e) omit “an adjudicator or”,

(s) for subsection (3)(f) substitute—

“(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).”, and

(t) in subsection (4) omit “an adjudicator or”.