24.—(1) Section 1 of this Part applies to section 103A applications made during any period in which paragraph 30 of Schedule 2 to the 2004 Act has effect, which are considered by an immigration judge in accordance with that paragraph.
(2) Section 2 of this Part applies to reconsideration of appeals by the Tribunal pursuant to—
(a)an order under section 103A(1) made by—
(i)the appropriate court; or
(ii)an immigration judge in accordance with paragraph 30 of Schedule 2 to the 2004 Act; and
(b)remittal by the appropriate appellate court under section 103B(4)(c), 103C(2)(c) or 103E(4)(c) of the 2002 Act.
(3) Section 3 of this Part applies to applications for permission to appeal to the appropriate appellate court.
25. Where paragraph 30 of Schedule 2 to the 2004 Act has effect in relation to a section 103A application, the application must be made in accordance with relevant rules of court (including any practice directions supplementing those rules).
26.—(1) A section 103A application shall be decided by an immigration judge authorised by the President to deal with such applications.
(2) The immigration judge shall decide the application without a hearing, and by reference only to the applicant’s written submissions and the documents filed with the application notice.
(3) The immigration judge is not required to consider any grounds for ordering the Tribunal to reconsider its decision other than those set out in the application notice.
(4) The application must be decided not later than 10 days after the Tribunal receives the application notice.
(5) In deciding a section 103A application, the immigration judge may—
(a)in relation to an application for permission under section 103A(4)(b), either—
(i)permit the application to be made outside the period specified in section 103A(3); or
(ii)record that he does not propose to grant permission; and
(b)in relation to an application for an order under section 103A(1), either—
(i)make an order for reconsideration; or
(ii)record that he does not propose to make such an order.
(6) The immigration judge may make an order for reconsideration only if he thinks that—
(a)the Tribunal may have made an error of law; and
(b)there is a real possibility that the Tribunal would decide the appeal differently on reconsideration.
27.—(1) Where an immigration judge decides a section 103A application, he must give written notice of his decision, including his reasons which may be in summary form.
(2) Where an immigration judge makes an order for reconsideration—
(a)his notice of decision must state the grounds on which the Tribunal is ordered to reconsider its decision on the appeal; and
(b)he may give directions for the reconsideration of the decision on the appeal which may—
(i)provide for any of the matters set out in rule 45(4) which he considers appropriate to such reconsideration; and
(ii)specify the number or class of members of the Tribunal to whom the reconsideration shall be allocated.
(3) The Tribunal must, except in cases to which paragraph (5) applies—
(a)serve a copy of the notice of decision and any directions on every party to the appeal to the Tribunal; and
(b)where the immigration judge makes an order for reconsideration, serve on the party to the appeal other than the party who made the section 103A application a copy of the application notice and any documents which were attached to it.
(4) Paragraph (5) applies to reviews of 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.
(5) In cases to which this paragraph applies—
(a)the Tribunal must send to the respondent to the appeal—
(i)the notice of decision,
(ii)any directions, and
(iii)the application notice and any documents which were attached to it (unless the respondent to the appeal made the application for reconsideration);
(b)the respondent must serve on the appellant—
(i)the notice of decision and any directions; and
(ii)the application notice and any documents which were attached to it (unless the appellant made the application for reconsideration),
not later than 28 days after receiving them from the Tribunal;
(c)the respondent must, as soon as practicable after serving the documents mentioned in sub-paragraph (b), notify the Tribunal on what date and by what means they were served; and
(d)if the respondent does not give the Tribunal notification under sub-paragraph (c) within 29 days after the Tribunal serves the notice of decision on it, the Tribunal must serve the documents mentioned in sub-paragraph (b) on the appellant as soon as reasonably practicable thereafter.
28. The Tribunal must send to the appropriate court copies of—
(a)the notice of decision; and
(b)the application notice and any documents which were attached to it,
upon being requested to do so by the appropriate court.
29. Rules 15 to 23, except for rule 23(2) and (3), and Part 5 of these Rules apply to the reconsideration of an appeal as they do to the initial determination of an appeal, and references in those rules to an appeal shall be interpreted as including proceedings for the reconsideration of an appeal.
30.—(1) When the other party to the appeal is served with an order for reconsideration, he must, if he contends that the Tribunal should uphold the initial determination for reasons different from or additional to those given in the determination, file with the Tribunal and serve on the applicant a reply setting out his case.
(2) The other party to the appeal must file and serve any reply not later than 5 days before the earliest date appointed for any hearing of or in relation to the reconsideration of the appeal.
(3) In this rule, “other party to the appeal” means the party other than the party on whose application the order for reconsideration was made.
31.—(1) Where an order for reconsideration has been made, the Tribunal must reconsider an appeal as soon as reasonably practicable after that order has been served on both parties to the appeal.
(2) Where the reconsideration is pursuant to an order under section 103A—
(a)the Tribunal carrying out the reconsideration must first decide whether the original Tribunal made a material error of law; and
(b)if it decides that the original Tribunal did not make a material error of law, the Tribunal must order that the original determination of the appeal shall stand.
(3) Subject to paragraph (2), the Tribunal must substitute a fresh decision to allow or dismiss the appeal.
(4) In carrying out the reconsideration, the Tribunal—
(a)may limit submissions or evidence to one or more specified issues; and
(b)must have regard to any directions given by the immigration judge or court which ordered the reconsideration.
(5) In this rule, a “material error of law” means an error of law which affected the Tribunal’s decision upon the appeal.
32.—(1) The Tribunal may consider as evidence any note or record made by the Tribunal of any previous hearing at which the appeal was considered.
(2) If a party wishes to ask the Tribunal to consider evidence which was not submitted on any previous occasion when the appeal was considered, he must file with the Tribunal and serve on the other party written notice to that effect, which must—
(a)indicate the nature of the evidence; and
(b)explain why it was not submitted on any previous occasion.
(3) A notice under paragraph (2) must be filed and served as soon as practicable after the parties have been served with the order for reconsideration.
(4) If the Tribunal decides to admit additional evidence, it may give directions as to—
(a)the manner in which; and
(b)the time by which,
the evidence is to be given or filed.
33.—(1) This rule applies where—
(a)the Tribunal has reconsidered an appeal following a section 103A application made by the appellant in relation to an appeal decided in England, Wales or Northern Ireland; and
(b)the appellant’s representative has specified that he seeks an order under section 103D of the 2002 Act for his costs to be paid out of the relevant fund.
(2) The Tribunal must make a separate determination (“the funding determination”) stating whether it orders that the appellant’s costs—
(a)in respect of the application for reconsideration; and
(b)in respect of the reconsideration,
are to be paid out of the relevant fund.
(3) The Tribunal must send the funding determination to—
(a)the appellant’s representative; and
(b)if the Tribunal has made an order under section 103D, the relevant funding body.
(4) Where the determination of the reconsidered appeal (“the principal determination”) is served in accordance with rule 23, the Tribunal must not send the funding determination to the appellant’s representative until—
(a)the respondent has notified the Tribunal under rule 23(5)(b) that it has served the principal determination on the appellant; or
(b)the Tribunal has served the principal determination on the appellant under rule 23(6).
(5) In this Rule—
(a)“relevant fund” means—
(i)in relation to an appeal decided in England or Wales, the Community Legal Service Fund established under section 5 of the Access to Justice Act 1999(1);
(ii)in relation to an appeal decided in Northern Ireland, the fund established under paragraph 4(2)(a) of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003(2); and
(b)“relevant funding body” means—
(i)in relation to an appeal decided in England or Wales, the Legal Services Commission;
(ii)in relation to an appeal decided in Northern Ireland, the Northern Ireland Legal Services Commission.
34.—(1) An application to the Tribunal under this Section must be made by filing with the Tribunal an application notice for permission to appeal.
(2) The application notice for permission to appeal must—
(a)be in the appropriate prescribed form;
(b)state the grounds of appeal; and
(c)be signed by the applicant or his representative, and dated.
(3) If the application notice is signed by the applicant’s representative, the representative must certify in the application notice that he has completed the application notice in accordance with the applicant’s instructions.
(4) As soon as practicable after an application notice for permission to appeal is filed, the Tribunal must notify the other party to the appeal to the Tribunal that it has been filed.
35.—(1) In application notice for permission to appeal must be filed in accordance with rule 34—
(a)if the applicant is in detention under the Immigration Acts when he is served with the Tribunal’s determination, not later than 5 days after he is served with that determination;
(b)in any other case, not later than 10 days after he is served with the Tribunal’s determination.
(2) The Tribunal may not extend the time limits in paragraph (1).
36.—(1) An application for permission to appeal must be determined by a senior immigration judge without a hearing.
(2) The Tribunal may either grant or refuse permission to appeal.
(3) Where the Tribunal intends to grant permission to appeal it may, if it thinks that the Tribunal has made an administrative error in relation to the proceedings, instead set aside the Tribunal’s determination and direct that the proceedings be reheard by the Tribunal.
(4) The Tribunal must serve on every party written notice of its decision, including its reasons, which may be in summary form.