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

Prospective

Nationality, Immigration and Asylum Act 2002 (c. 41) E+W+S+N.I.

16 The Nationality, Immigration and Asylum Act 2002 shall be amended as follows. E+W+S+N.I.

17 In section 72(10)(serious criminal) omit “adjudicator,”. E+W+S+N.I.

18 (1) In the provisions listed in sub-paragraph (2)— E+W+S+N.I.

(a) for “an adjudicator” substitute “ the Tribunal ”,

(b) for “the adjudicator” substitute “ the Tribunal ”,

(c) for “he” in relation to an adjudicator substitute “ it ”,

(d) for “him” in relation to an adjudicator substitute “ it ”, and

(e) for “his” in relation to an adjudicator substitute “ its ”.

(2) The provisions are—

(a) section 85 (matters to be considered),

(b) section 86 (determination of appeal), and

(c) section 87 (successful appeal: direction).

19 In section 87— E+W+S+N.I.

(a) for subsection (3) substitute—

“(3) But a direction under this section shall not have effect while—

(a) an application under section 103A(1) (other than an application out of time with permission) could be made or is awaiting determination,

(b) reconsideration of an appeal has been ordered under section 103A(1) and has not been completed,

(c) an appeal has been remitted to the Tribunal and is awaiting determination,

(d) an application under section 103B or 103E for permission to appeal (other than an application out of time with permission) could be made or is awaiting determination,

(e) an appeal under section 103B or 103E is awaiting determination, or

(f) a reference under section 103C is awaiting determination.”, and

(b) in subsection (4) for “as part of the determination of the appeal for the purposes of section 101” substitute “ as part of the Tribunal’s decision on the appeal for the purposes of section 103A ”.

20 In section 104 (pending appeal)— E+W+S+N.I.

(a) for subsection (2) substitute—

“(2) An appeal under section 82(1) is not finally determined for the purposes of subsection (1)(b) while —

(a) an application under section 103A(1) (other than an application out of time with permission) could be made or is awaiting determination,

(b) reconsideration of an appeal has been ordered under section 103A(1) and has not been completed,

(c) an appeal has been remitted to the Tribunal and is awaiting determination,

(d) an application under section 103B or 103E for permission to appeal (other than an application out of time with permission) could be made or is awaiting determination,

(e) an appeal under section 103B or 103E is awaiting determination, or

(f) a reference under section 103C is awaiting determination.”, and

(b) omit subsection (3)(remittal to adjudicator).

21 In section 106 (rules)— E+W+S+N.I.

(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”.

22 (1) In section 107 (practice directions)— E+W+S+N.I.

(a) for “the Immigration Appeal Tribunal” substitute “ the Tribunal ”,

(b) omit subsection (2), and

(c) at the end add—

“(3) A practice direction may, in particular, require the Tribunal to treat a specified decision of the Tribunal as authoritative in respect of a particular matter.”

(2) The reference to a decision of the Tribunal in section 107(3) (as added by sub-paragraph (1) above) shall be treated as including a reference to a decision of the Immigration Appeal Tribunal.

23 In section 108 (forged document: proceedings in private)— E+W+S+N.I.

(a) in subsection (1)(a) for “, 83 or 101” substitute “ or 83 ”, and

(b) in subsection (2) for “The adjudicator or the Immigration Appeal Tribunal” substitute “ The Tribunal ”.

24 (1) Section 112 (regulations, &c.) shall be amended as follows. E+W+S+N.I.

(2) In subsection (2) after “Regulations and rules under this Part” insert “ , other than regulations under section 103D(4), ”.

(3) For subsection (6) substitute—

“(6) Regulations under section 103D(4)—

(a) must be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(7) An order under paragraph 4 of Schedule 4—

(a) may include consequential or incidental provision (which may include provision amending, or providing for the construction of, a reference in an enactment, instrument or other document to a member of the Asylum and Immigration Tribunal),

(b) must be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”