The Immigration and Asylum Appeals (Procedure) Rules 2000

PART III APPEALS TO TRIBUNAL FROM ADJUDICATOR

Application of Part III

17.—(1) This Part applies to—

(a) applications to the Tribunal for leave to appeal to the Tribunal; and

(b) appeals to the Tribunal from the determination of an adjudicator.

(2) In this Part, “appellant” means a party appealing against an adjudicator’s determination and includes an applicant for leave to appeal under rule 18 and an applicant for a review under rule 19.

Leave to appeal

18.—(1) An appeal from the determination of an adjudicator may be made only with the leave of the Tribunal.

(2) An application for leave to appeal shall be made not later than 10 days, or in the case of an application made from outside the United Kingdom, 28 days, after the appellant has received written notice of the determination against which he wishes to appeal.

(3) A time limit set out in paragraph (2) may be extended by the Tribunal where it is satisfied that because of special circumstances, it is just for the time limit to be extended.

(4) An application for leave to appeal shall be made by serving upon the Tribunal the appropriate prescribed form, which shall—

(a) be signed by the appellant or his representative (if he has one);

(b) be accompanied by the adjudicator’s determination;

(c) identify the alleged errors of fact or law in the adjudicator’s determination which would have made a material difference to the outcome, together with all the grounds relied on for the appeal; and

(d) state whether a hearing of the appeal is desired.

(5) When an application for leave to appeal has been made, the Tribunal shall notify the other parties.

(6) The Tribunal shall not be required to consider any grounds other than those included in that application.

(7) Leave to appeal shall be granted only where—

(a) the Tribunal is satisfied that the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

(8) An application for leave to appeal shall be decided by a legally qualified member without a hearing.

(9) When an application for leave to appeal has been decided, written notice of the Tribunal’s decision on the application shall be sent to the parties and, if granted, the grounds upon which the appellant may appeal.

(10) Where the application for leave to appeal is refused, the notice referred to in paragraph (9) shall include, in summary form, the reasons for the refusal.

(11) Subject to section 77, where evidence which was not submitted to the adjudicator is relied upon in an application for leave to appeal, the Tribunal shall not be required to consider that evidence in deciding whether to grant leave to appeal, unless it is satisfied that there were good reasons why it was not submitted to the adjudicator.

Tribunal’s review of decision to refuse leave to appeal

19.—(1) Where the Tribunal has refused an application for leave to appeal, the appellant may apply to the Tribunal to review its decision on the ground that it was wrongly made as a result of an administrative or procedural error by the Tribunal.

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

(a) be made not later than 10 days after written notice of the decision refusing leave to appeal was received by the appellant;

(b) be in writing;

(c) identify all matters relied on; and

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

(3) In addition to its power to review a decision on an application made under paragraph (1), the Tribunal may, of its own motion, if satisfied that the interests of justice so require, not later than 10 days after sending to the appellant the notice of its decision, review its decision on the ground that it was wrongly made as a result of an administrative or procedural error by the Tribunal.

(4) A review under this rule shall be conducted by a legally qualified member without a hearing.

(5) Where the Tribunal reviews the decision, it may—

(a) confirm it; or

(b) set it aside and re-consider the decision.

(6) Written notice of the Tribunal’s decision shall be sent to the parties and shall contain, in summary form, the reasons for the decision.

Notice of appeal

20.—(1) Where an application for leave to appeal is granted, it shall be deemed to be the notice of appeal.

(2) Where leave to appeal is granted, written notice of the date, time and place fixed for any hearing shall be sent to—

(a) every party; and

(b) every party’s representative, except where the representative is acting for the Secretary of State, an officer or the United Kingdom Representative of the United Nations High Commissioner for Refugees.

Variation of notice of appeal

21.  The grounds of appeal may be varied by the appellant with the leave of the Tribunal.

Evidence

22.—(1) The Tribunal may consider as evidence any note or record made by the adjudicator of any proceedings before him in connection with the appeal.

(2) Subject to paragraph (3), the Tribunal may, of its own motion or on the application of any party, consider evidence further to that which was submitted to the adjudicator.

(3) The Tribunal shall not consider any evidence which is not served in accordance with time limits set out in these Rules or directions given under rule 30, unless the Tribunal is satisfied that there are good reasons to do so.

(4) Subject to rule 38, the Tribunal shall not in its determination rely on any evidence which was not disclosed to all the parties.

(5) Where any party wishes to adduce further evidence before the Tribunal in accordance with paragraph (2), he shall give written notice to that effect to the Tribunal indicating the nature of the evidence.

(6) The notice referred to in paragraph (5) shall be given as soon as practicable after the parties have been notified that leave to appeal has been granted.

(7) Where the Tribunal decides to admit any evidence under this rule, it may direct that it be given, either—

(a) orally, in which case the Tribunal may take the evidence itself or remit the appeal to the same or another adjudicator for the taking of that evidence; or

(b) in writing, in which case it shall be given in any manner and at any time that the Tribunal may direct.

Appeals remitted by Tribunal to adjudicator

23.  Unless it considers—

(a) that it is necessary in the interests of justice, and

(b) that it would save time and avoid expense

to remit the case to the same or another adjudicator for determination by him in accordance with any directions given to him by the Tribunal, the Tribunal shall determine the appeal itself.

Determining an appeal

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

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

Giving of determination

25.—(1) Written notice of the Tribunal’s determination shall be sent to—

(a) every party; and

(b) every party’s representative, except where the representative is acting for the Secretary of State, an officer or the United Kingdom Representative of the United Nations High Commissioner for Refugees.

(2) Where an appeal is determined by a panel of more than one member, the determination may be given by a legally qualified member of that panel or, if the panel contains no legally qualified member, by such member as the President may direct.