The Immigration and Asylum Appeals (Procedure) Rules 2000

PART I INTRODUCTION

Citation, commencement and revocation

1.—(1) These Rules may be cited as the Immigration and Asylum Appeals (Procedure) Rules 2000 and shall come into force on 2nd October 2000.

(2) Subject to rule 4, the following Rules—

(a) the Immigration Appeals (Procedure) Rules 1984(1);

(b) the Immigration Appeals (Procedure) (Amendment) Rules 1991(2);

(c) the Immigration Appeals (Procedure) (Amendment) Rules 1993(3); and

(d) the Asylum Appeals (Procedure) Rules 1996(4);

shall be revoked.

Interpretation

2.—(1) In these Rules—

“the 1971 Act” means the Immigration Act 1971;

“the 1993 Act” means the Asylum and Immigration Appeals Act 1993(5);

“the 1996 Act” means the Asylum and Immigration Act 1996(6);

“the 1999 Act” means the Immigration and Asylum Act 1999;

“appellate authority” means the adjudicator or the Tribunal, as the case may be;

“appeal” means, subject to rule 4, any appeal under Part IV of the 1999 Act;

“appellant” has the meaning given in Parts II and III of these Rules and includes an applicant for bail;

“appropriate prescribed form” means the appropriate form in the Schedule to these Rules and those forms, or similar forms, may be used with any variations that the circumstances may require;

“authorised advocate”—

(a)

in relation to England and Wales, has the meaning given in section 119(1) of the Courts and Legal Services Act 1990(7);

(b)

in relation to Scotland, means a solicitor or advocate; and

(c)

in relation to Northern Ireland, means a solicitor or barrister;

“Chief Adjudicator” includes an adjudicator nominated by the Chief Adjudicator under paragraph 6(2)(a) of Schedule 3 to the 1999 Act;

“determination” means the decision of the appellate authority to allow or dismiss an appeal and the reasons for that decision;

“entry clearance officer” means a person having authority to grant an entry clearance on behalf of the Government of the United Kingdom;

“family visitor appeal” means an appeal made under section 59 by a person who is a family visitor as defined by regulations made under section 60;

“member” means a member of the Tribunal;

“officer” means an immigration officer or an entry clearance officer;

“party” has the meaning given in rule 29;

“President” means the President of the Tribunal;

“previous appeals provisions” means Part II of the 1971 Act, section 8 of the 1993 Act or section 3 of the 1996 Act;

“supplementary grounds of refusal” means the reasons given for maintaining the decision being appealed against after consideration of the additional grounds required under section 74(4); and

“Tribunal” means the Immigration Appeal Tribunal.

(2) In these Rules, a section referred to by number alone is a reference to a section of the 1999 Act.

Application of Rules

3.  Subject to rule 4, these Rules shall apply to—

(a) appeals to an adjudicator;

(b) applications to the Tribunal for leave to appeal to the Tribunal and appeals to the Tribunal;

(c) applications for bail; and

(d) applications to the Tribunal for leave to appeal to the Court of Appeal or in Scotland, to the Court of Session.

Transitional provisions

4.—(1) Subject to paragraphs (3) to (9), these Rules shall apply, with appropriate modifications, to any appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date.

(2) Anything done or any direction given under the Immigration Appeals (Procedure) Rules 1984 (“the 1984 Rules”) or the Asylum Appeals (Procedure) Rules 1996 (“the 1996 Rules”) in relation to an appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date, shall be treated as if done or given under these Rules.

(3) Where an appeal is made under Part II of the 1971 Act, the time limits for giving notice of appeal shall be those in rule 4 of the 1984 Rules and the reference to rule 6 in paragraphs (1)(b), (5) and (6) of rule 12 of these Rules shall be read as a reference to rule 4 of the 1984 Rules.

(4) Where an appeal is made under section 8 of the 1993 Act or section 3 of the 1996 Act, the time limits for giving notice of appeal shall be those in rule 5 of the 1996 Rules and the reference to rule 6 in paragraphs (1)(b), (5) and (6) of rule 12 of these Rules shall be read as a reference to rule 5 of the 1996 Rules.

(5) Where an appeal made under Part II of the 1971 Act has been determined by an adjudicator before 2nd October 2000, the time limits for making an application to the Tribunal for leave to appeal shall be those in paragraphs (2) to (4) of rule 15 of the 1984 Rules.

(6) Where an appeal is made under section 8 of the 1993 Act, the reference in rule 11(3) of these Rules to section 69 of the 1999 Act shall be read as a reference to section 8 of the 1993 Act.

(7) Where an appeal is made under the previous appeals provisions, the reference in rule 12(1)(a)(i) of these Rules to a provision of the 1999 Act shall be read as a reference to a provision of the 1971 Act, the 1993 Act or the 1996 Act specified by the respondent.

(8) Where an appeal is made to the Tribunal at first instance under section 15(7) of the 1971 Act as provided by rule 3 of the 1984 Rules, Part II of these Rules shall apply as if the appeal had been made to an adjudicator at first instance.

(9) Rule 41 of the 1984 Rules shall continue to apply to a reference made by the Secretary of State under section 21 of the 1971 Act.

(10) In rule 35(1)(a) of these Rules, before the coming into force of section 84, a person appealing against an immigration decision may be represented by—

(a) a solicitor, barrister, advocate or a person who is a Fellow of the Institute of Legal Executives;

(b) a person appointed by a voluntary organisation in receipt of a grant under section 23 of the 1971 Act or section 81 of the 1999 Act; or

(c) with the leave of the appellate authority, any other person.

(1)

S.I. 1984/2041.

(2)

S.I. 1991/1545.

(3)

S.I. 1993/1662.

(4)

S.I. 1996/2070.

(5)

1993 c. 23.

(6)

1996 c. 49.

(7)

1990 c. 41.