The Asylum Appeals (Procedure) Rules 1996

PART I INTRODUCTION

Citation, commencement and revocation

1.—(1) These Rules may be cited as the Asylum Appeals (Procedure) Rules 1996 and shall come into force on 1st September 1996.

(2) The Asylum Appeals (Procedure) Rules 1993(1) are hereby revoked.

Interpretation

2.—(1) In these Rules —

“the 1984 Rules” means the Immigration Appeals (Procedure) Rules 1984(2);

“the 1971 Act” means the Immigration Act 1971;

“the 1993 Act” means the Asylum and Immigration Appeals Act 1993(3);

“the 1996 Act” means the Asylum and Immigration Act 1996(4);

“the appellate authority” means the special adjudicator or, as the case may be, the Tribunal and “authority” shall be construed accordingly;

“appellant” includes an applicant and, where he appeals against the determination of the appellate authority, the Secretary of State;

“asylum appeal” means any appeal made under any of the subsections (1) to (4) of section 8 of the 1993 Act (including any further appeal that is made in relation to such an appeal) and shall include any appeal which, by virtue of paragraph 3 of Schedule 2 to that Act, shall be dealt with in the same proceedings as the appeal brought under any of those subsections and includes an appeal under section 3 of the 1996 Act;

“certified claim” means an appeal

(a)

which the Secretary of State has certified is one to which paragraph 5 of Schedule 2 to the 1993 Act applies, or

(b)

under section 3 of the 1996 Act (appeals against certificates under section 2);

“party” includes the appellant and the Secretary of State and, in cases where the appropriate notice is given, the United Kingdom Representative of the United Nations High Commissioner for Refugees;

“special adjudicator” means an adjudicator designated under section 8(5) of the 1993 Act or section 3(3) of the 1996 Act; and

“the Tribunal” means the Immigration Appeal Tribunal.

(2) In these Rules a Form referred to by letter and number means the Form so described in the Schedule to these Rules and any such forms (or forms substantially to the like effect) may be used with such variations as the circumstances may require.

(3) For the purposes of these Rules —

(a) an appeal is determined when written notice is sent of the decision whether or not the appeal should be allowed and expressions such as “determination” and “notice of determination” shall be construed accordingly;

(b) every determination shall consist of a concise statement of

(i) the decision on the substantial issues raised;

(ii) any findings of fact material to the decision,

(iii) the reasons for the decision.

Application

3.  These Rules shall apply to all asylum appeals whether or not the appeal was instituted before these Rules came into force.

(1)

S.I. 1993/1661.

(2)

S.I. 1984/2041.

(3)

1993 c. 23.

(4)

1996 c. 49.