The Asylum and Immigration Tribunal (Procedure) Rules 2005

Filing of documents by respondent

This section has no associated Explanatory Memorandum

13.—(1) When the respondent is served with a copy of a notice of appeal, it must (unless it has already done so) file with the Tribunal a copy of—

(a)the notice of the decision to which the notice of appeal relates, and any other document served on the appellant giving reasons for that decision;

(b)any—

(i)statement of evidence form completed by the appellant; and

(ii)record of an interview with the appellant,

in relation to the decision being appealed;

(c)any other unpublished document which is referred to in a document mentioned in sub-paragraph (a) or relied upon by the respondent; and

(d)the notice of any other immigration decision made in relation to the appellant in respect of which he has a right of appeal under section 82 of the 2002 Act.

(2) Subject to paragraph (3), the respondent must file the documents listed in paragraph (1)—

(a)in accordance with any directions given by the Tribunal; and

(b)if no such directions are given, as soon as reasonably practicable and in any event not later than 2.00 p.m. on the business day before the earliest date appointed for any hearing of or in relation to the appeal.

(3) If the Tribunal considers the timeliness of a notice of appeal as a preliminary issue under rule 10, the respondent must file the documents listed in paragraph (1) as soon as reasonably practicable after being served with a decision of the Tribunal allowing the appeal to proceed, and in any event not later than 2.00 p.m. on the business day before the earliest date appointed for any hearing of or in relation to the appeal following that decision.

(4) The respondent must, at the same time as filing them, serve on the appellant a copy of all the documents listed in paragraph (1), except for documents which the respondent has already sent to the appellant.