The Asylum and Immigration Tribunal (Procedure) Rules 2005

Special procedures and time limits in asylum appeals

23.—(1) This rule applies to appeals under section 82 of the 2002 Act where—

(a) the appellant is in the United Kingdom; and

(b) the appeal relates, in whole or in part, to an asylum claim.

(2) Subject to paragraph (3)—

(a) where an appeal is to be considered by the Tribunal at a hearing, the hearing must be fixed for a date not more than 28 days after the later of—

(i) the date on which the Tribunal receives the notice of appeal; or

(ii) if the Tribunal makes a preliminary decision under rule 10 (late notice of appeal), the date on which notice of that decision is served on the appellant; and

(b) where an appeal is to be determined without a hearing, the Tribunal must determine it not more than 28 days after the later of those dates.

(3) If the respondent does not file the documents specified in rule 13(1) within the time specified in rule 13 or directions given under that rule—

(a) paragraph (2) does not apply; and

(b) the Tribunal may vary any hearing date that it has already fixed in accordance with paragraph (2)(a), if it is satisfied that it would be unfair to the appellant to proceed with the hearing on the date fixed.

(4) The Tribunal must serve its determination on the respondent—

(a) if the appeal is considered at a hearing, by sending it not later than 10 days after the hearing finishes; or

(b) if the appeal is determined without a hearing, by sending it not later than 10 days after it is determined.

(5) The respondent must—

(a) serve the determination on the appellant—

(i) if the respondent makes a section 103A application or applies for permission to appeal under section 103B or 103E of the 2002 Act, by sending, delivering or personally serving the determination not later than the date on which it makes that application; and

(ii) otherwise, not later than 28 days after receiving the determination from the Tribunal; and

(b) as soon as practicable after serving the determination, notify the Tribunal on what date and by what means it was served.

(6) If the respondent does not give the Tribunal notification under paragraph (5)(b) within 29 days after the Tribunal serves the determination on it, the Tribunal must serve the determination on the appellant as soon as reasonably practicable thereafter.

(7) In paragraph (2) of this rule, references to a hearing do not include a case management review hearing or other preliminary hearing.