The Asylum Appeals (Procedure) Rules 1993

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed in connection with the bringing of appeals under the Asylum and Immigration Appeals Act 1993. These appeals arise out of decisions taken under the Immigration Act 1971 and are founded on the basis that the decisions would, if implemented, be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

Part I of the Rules covers introductory matters including the definitions of terms used and the date that the Rules come into force. It also repeals Rule 14(2)(b) of the Immigration Appeals (Procedure) Rules 1984 (S.I. 1984/2041) which is superseded by these Rules.

Part II covers the bringing of appeals under these Rules to a special adjudicator and provides for notice of an appeal to be given by means of a prescribed form (Rule 5 and Form A1). Rule 9 provides time limits for the determination of an appeal by a special adjudicator.

Part III covers the bringing of appeals from a special adjudicator to the Immigration Appeal Tribunal. Appeals may be brought subject to the leave of that tribunal, the application for leave being made by means of a prescribed form (Rule 13 and Form A2).

Part IV covers the making of applications to the Immigration Appeal Tribunal for leave to bring an appeal from a determination of that tribunal to the Court of Appeal (or to the Court of Session in Scotland). Such an appeal may be brought only on a question of law. Notice of application for leave must be made by means of a prescribed form (Form A3).

Part V covers matters of procedure which are to be followed in connection with the bringing of appeals under these Rules. It incorporates, with modifications, the rules of procedure which are followed in connection with the making of all other immigration appeals (that is, appeals not including an asylum element). Those rules are the Immigration Appeals (Procedure) Rules 1984 referred to above.