The Asylum Appeals (Procedure) Rules 1993

PART II APPEALS TO SPECIAL ADJUDICATORS

Application of Part II

4.  This Part applies to asylum appeals to a special adjudicator.

Notice of appeal

5.—(1) Subject to paragraph (2), a person making an asylum appeal (“the appellant”) shall give notice of appeal not later than 10 days after receiving notice of the decision against which he is appealing.

(2) The time limit for giving notice of appeal shall be 2 days in a case where—

(a) the appeal is made under section 8(1) of the 1993 Act;

(b) the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation); and

(c) there has been personal service on the appellant of the notice of the decision against which he is appealing.

(3) Subject to paragraph (4), notice of appeal shall be given—

(a) by serving on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and

(b) by serving upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act,

the Form prescribed in the Schedule to these Rules (Form A1) which shall be accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision.

(4) In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him.

(5) Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given under paragraph (3) is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated.

(6) Upon receipt of notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to the appellant, to a special adjudicator and to the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3) together with (in the case of the appellant and the special adjudicator only) the original or copies of any notes of interview and of any other document referred to in the decision which is being appealed.

(7) A special adjudicator may extend any time limit for giving notice of appeal provided he considers it necessary in the interests of justice.

(8) An extension may be made under paragraph (7) notwithstanding that the period prescribed by the time limit has already expired.

Notification of hearing

6.—(1) The special adjudicator shall not later than 5 days after receiving a notice of appeal serve on—

(a) the appellant;

(b) the immigration officer or (as the case may be) the Secretary of State; and

(c) (if he has given notice in accordance with rule 8(2)) the United Kingdom Representative of the United Nations High Commissioner for Refugees

a notice of the date, time and place fixed for the hearing of the appeal.

(2) The period specified in paragraph (1) shall be 3 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).

Variation of notice of appeal

7.  The notice of appeal may, with the leave of the special adjudicator, be varied by the appellant.

Parties

8.—(1) The parties to an appeal shall be the appellant and the Secretary of State.

(2) The United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the special adjudicator at any time during the course of the appeal that he desires to be so treated.

Determination of appeal

9.—(1) Subject to rule 31, a special adjudicator shall determine an appeal not later than 42 days after receiving notice of the appeal.

(2) The period specified in paragraph (1) shall be 7 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation).

(3) Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(3), the special adjudicator shall determine the appeal within 42 days of the appeal being so remitted.

(4) Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be determined by hearing unless—

(a) the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or

(b) the decision being appealed against has been withdrawn or reversed, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant.

(5) The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (4)(a) or (b).

Adjournment of hearings

10.—(1) Subject to rule 9(1) and (2), a special adjudicator may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment.

(2) Where a hearing is adjourned, the special adjudicator shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing.

Promulgation of determination and reasons therefor

11.—(1) Subject to paragraph (4), the special adjudicator shall, wherever practicable, pronounce the determination and the reasons therefor at the conclusion of the hearing.

(2) Subject to paragraph (4), the special adjudicator shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons.

(3) A notice sent under paragraph (2) shall not be invalid by virtue of any failure to comply with the time limit prescribed in that paragraph.

(4) In an appeal to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation), if the special adjudicator agrees that the claim is without foundation, he shall at the conclusion of the hearing pronounce the determination and the reasons therefor and furnish every party to the appeal with written notice of that determination and reasons.