The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe a fast track procedure to be followed for appeals to an adjudicator or the Immigration Appeal Tribunal against immigration decisions, where the appellant is in detention under the Immigration Acts at a specified location. The Rules will initially only apply to appellants who are detained at Harmondsworth Immigration Removal Centre, but it is intended that they may subsequently be amended to apply to appellants who are detained at other locations.

These Rules specify the extent to which the Immigration and Asylum Appeals (Procedure) Rules 2003 (S.I. 2003/652) (“the Principal Rules”) are to apply to fast track appeals. They modify certain provisions of the Principal Rules and make different provision for certain matters. In particular these Rules:

• specify shorter time limits for appealing and applying for permission to appeal;

• specify the times within which appeals are to be listed and heard, and determinations are to be served on the parties;

• limit the powers of adjudicators and the Tribunal to extend the time for appealing and to adjourn hearings;

• enable the Tribunal to determine an appeal without an oral hearing at the same time as granting permission to appeal; and

• specify the circumstances in which an adjudicator or the Tribunal may direct that an appeal is to be taken out of the fast track procedure, and how an appeal is to be dealt with when the fast track procedure ceases to apply.