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This Order makes provision for the titles of legally qualified members of the Asylum and Immigration Tribunal (“AIT”). The AIT is created under section 81 of and Schedule 4 to the Nationality, Immigration and Asylum Act 2002, as substituted by section 26(1) of and Schedule 1 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. It replaces the Immigration Appellate Authority (adjudicators and the Immigration Appeal Tribunal).
Article 3 of the Order provides that all legally qualified members of the AIT shall be known as Immigration Judges. In addition, the Lord Chancellor may appoint legally qualified members as Senior Immigration Judges or Designated Immigration Judges.
The President of the AIT may allocate cases to specified classes of AIT member under Schedule 4 to the 2002 Act. The Asylum and Immigration Tribunal (Procedure) Rules 2005 also provide that applications for permission to appeal from the AIT to the Court of Appeal or Court of Session must be determined by a Senior Immigration Judge.
Article 4 provides that the President and Deputy President of the AIT shall be regarded as Senior Immigration Judges unless the context requires otherwise.
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