The Immigration and Asylum Appeals (Procedure) Rules 2000

PART II APPEALS TO ADJUDICATORS

Application of Part II

5.—(1) This Part applies to appeals to an adjudicator.

(2) In this Part, “appellant” means a person appealing against an immigration decision.

Time limit for giving notice of appeal

6.—(1) Where an appellant makes an appeal within the United Kingdom, notice of appeal shall be given not later than 10 days after the notice of the decision was received.

(2) Where the appellant makes an appeal outside the United Kingdom, notice of appeal shall be given—

(a) in a case where the appellant is in the United Kingdom when the decision is made, not later than 28 days after his departure from the United Kingdom; or

(b) in a case where the appellant is not in the United Kingdom when the decision is made, not later than 28 days after the notice of the decision was received.

(3) In this rule, “decision” means the decision against which the appellant is appealing.

Late notice of appeal

7.—(1) 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 is satisfied that, because of special circumstances, it is just for the notice to be treated in that way.

(2) An adjudicator shall not extend the time limit for giving notice of appeal unless he is satisfied that because of special circumstances, it is just for the notice to be treated in that way.

Method of giving notice of appeal

8.—(1) Subject to paragraph (2), an appeal to an adjudicator shall be made by sending to the person, and at the address, specified in the notice of the decision which is the subject of the appeal, a notice of appeal in the appropriate prescribed form.

(2) In any case where an appellant is in custody, service under paragraph (1) may be upon the person having custody of him.

(3) The notice of appeal shall set out the grounds for the appeal.

(4) Where the appeal is made under section 59, in relation to a family visitor appeal, the appellant shall specify in, or attach to, the notice of appeal all matters he wishes to be considered for the purposes of the appeal.

(5) The notice of appeal shall state the name and address of the appellant and the name and address of his representative (if he has one).

(6) The appellant or his representative (if he has one) shall sign the notice of appeal.

(7) The appellant shall attach to the notice of appeal—

(a) a copy of any document which informed him of the decision against which he is appealing and any reasons for that decision; and

(b) where a notice has been served on the appellant under section 74(4), a statement form, on which additional grounds which he has or may have for wishing to enter or remain in the United Kingdom may be stated, whether or not that form has been completed.

Additional grounds for appealing

9.  Where the appellant is treated as appealing on additional grounds by virtue of section 77(2), he shall serve on the person, and at the address, specified in the supplementary grounds of refusal, any variation of his grounds of appeal not later than 5 days after he received the supplementary grounds of refusal.

Despatch of documents to adjudicator

10.—(1) Whether or not the notice of appeal was given within the time limit specified, the respondent shall send to an adjudicator, the appellant and the appellant’s representative—

(a) the notice of appeal, together with any documents attached to it under rule 8;

(b) any supplementary grounds of refusal;

(c) any variation of the grounds of appeal;

(d) any notes of an asylum interview; and

(e) any other document (except statutory or public materials) referred to in the decision which is the subject of appeal.

(2) In this rule, “statutory or public materials” means an enactment or a provision made under an enactment, a convention or other provisions of a similar nature or other documents which are published or publicly available.

Variation of notice of appeal

11.—(1) This rule applies where the documents have been sent to the adjudicator in accordance with rule 10.

(2) The grounds of the appeal may be varied by the appellant with the leave of the adjudicator.

(3) Except in the case of an appeal under section 65 or 69, the adjudicator shall not give leave to vary the grounds of appeal unless he is satisfied that because of special circumstances, it is just to allow the variation.

Preliminary issues

12.—(1) When the respondent alleges that—

(a) the appellant is not entitled to appeal—

(i) by virtue of a provision of the 1999 Act specified by the respondent;

(ii) by virtue of a provision of Regulations made under section 2(2) of the European Communities Act 1972(1) and section 80 of the 1999 Act specified by the respondent;

(iii) by reason that a passport or other travel document, certificate of entitlement, entry clearance or work permit on which the appellant relies is a forgery or was issued to, and relates to, another person; or

(iv) by reason that notice of appeal has not been signed by the appellant or by his representative (if he has one) or, in the case of an appellant who is a minor or who is for any reason incapable of acting, by any person acting on his behalf; or

(b) the notice of appeal was not given within the period specified by rule 6; the respondent shall send to the adjudicator with the documents required under rule 10, and to the appellant and his representative (if he has one), a written statement setting out the allegation, the reasons for it and any relevant facts relating to it.

(2) The appellant may send a written statement in reply to the respondent’s statement given in accordance with paragraph (1) to the adjudicator and the respondent.

(3) Where a written statement has been given in accordance with paragraph (1), the adjudicator may, and at the request of the respondent shall, determine the validity of the allegation as a preliminary issue.

(4) At a hearing before the adjudicator in accordance with paragraph (3)—

(a) the respondent shall be given an opportunity to explain the allegation contained in his statement and any matters relating to it; and

(b) the appellant shall be given an opportunity to respond to the matters raised under sub-paragraph (a).

(5) Where the adjudicator determines as a preliminary issue that the notice of appeal was not given within the period specified by rule 6, then, except where a deportation order is in force in respect of the appellant, the adjudicator may allow the appeal to proceed if he is satisfied that by reason of special circumstances, it is just to do so.

(6) Where the adjudicator allows the appeal to proceed in accordance with paragraph (5), the notice of appeal shall be treated for all purposes as if it had been given in accordance with rule 6.

Notification of hearing

13.  Notice of the date, time and place fixed for the hearing and any directions given under rule 30 shall be served on the appellant or his representative (if he has one) and any other party.

Determining an appeal

14.—(1) Except where rule 43 or 44 applies, a hearing shall be conducted to determine the appeal.

(2) A hearing may be conducted or evidence given or representations made by video link or by other electronic means.

Giving of determination

15.  Written notice of the adjudicator’s determination shall be sent to every party and the appellant’s representative (if he has one).

Adjudicator’s review of determination

16.—(1) Where a party receives written notice of a determination to which there is no right of appeal to the Tribunal, he may apply to the Chief Adjudicator to review that determination on the ground that it was wrongly made as a result of an administrative or procedural error by the adjudicator.

(2) An application under paragraph (1) shall—

(a) be made not later than 10 days after written notice of the determination was received by the party;

(b) be in writing;

(c) identify all matters relied on; and

(d) be accompanied by copies of all relevant documents.

(3) In addition to his power to review a determination on an application made under paragraph (1), the Chief Adjudicator may, of his own motion, if satisfied that the interests of justice so require, not later than 10 days after written notice of the determination has been sent to the parties, review that determination on the ground that it was wrongly made as a result of an administrative or procedural error by the adjudicator.

(4) Where the Chief Adjudicator reviews the determination, he may—

(a) confirm it; or

(b) set it aside and direct a re-hearing of the appeal.

(5) Where the Chief Adjudicator confirms the determination, written notice shall be sent to the parties.

(6) Where the Chief Adjudicator sets aside the determination, written notice shall be sent to the parties, together with the date, time and place, and any directions, for the re-hearing of the appeal.

(7) Any notice given under paragraphs (5) and (6) shall contain, in summary form, the reasons for the decision.

(1)

1972 c. 68.