The Civil Procedure (Amendment) Rules 2005

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2005 and shall come into force on 4th April 2005.

2.  In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(1);

(b) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to the those Rules;

(c) “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

(d) “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004; and

(e) “adjudicator” means an adjudicator appointed, or treated as if appointed, under section 81 of the 2002 Act.

Amendments to the Civil Procedure Rules 1998

3.  In Part 54, at the end of the table of contents, insert the text set out in Part I of the Schedule to these Rules.

4.  In rule 54.24(1), for “Tribunal” substitute “Asylum and Immigration Tribunal”.

5.  In rule 54.25, for paragraphs (3) to (7) substitute—

“(3) The court may—

(a) affirm the Tribunal’s decision to refuse permission to appeal;

(b) reverse the Tribunal’s decision to grant permission to appeal; or

(c) order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal.

(4) Where the Tribunal refused permission to appeal, the court will order the Asylum and Immigration Tribunal to reconsider the adjudicator’s decision on the appeal only if it is satisfied that—

(a) the Tribunal may have made an error of law; and

(b) there is a real possibility that the Asylum and Immigration Tribunal would make a different decision from the adjudicator on reconsidering the appeal (which may include making a different direction under section 87 of the 2002 Act).

(5) Where the Tribunal granted permission to appeal, the court will reverse the Tribunal’s decision only if it is satisfied that there is no real possibility that the Asylum and Immigration Tribunal, on reconsidering the adjudicator’s decision on the appeal, would make a different decision from the adjudicator.

(6) The court’s decision shall be final and there shall be no appeal from that decision or renewal of the application.”.

6.  In rule 54.26(1)(c), and in rule 54.27, for “Tribunal” substitute “Asylum and Immigration Tribunal”.

7.  At the end of Part 54, insert Section III as set out in Part II of the Schedule to these Rules.

8.  In CCR Order 49, in rule 12(3)(b), after “the court may order that any other person”, omit “, not being the patient,”.

Transitional provision

9.—(1) This rule applies where, by virtue of transitional provisions contained in an order made under section 48(3)(a) of the 2004 Act–

(a) an application to the Immigration Appeal Tribunal for permission to appeal against an adjudicator’s decision on an appeal, which was pending immediately before 4th April 2005, continues on and after 4th April 2005 as an application under section 103A of the 2002 Act; or

(b) an application is made under section 103A of the 2002 Act on or after 4th April 2005 for an order requiring the Asylum and Immigration Tribunal to reconsider an adjudicator’s decision on an appeal.

(2) III of Part 54 shall apply to the application, subject to the modifications set out in paragraphs (3) and (4).

(3) In rules 54.28(2)(c), 54.29(2) to (4) and 54.33(3) and (5)(a), references to the Tribunal shall be construed as references to the adjudicator who decided the appeal.

(4) In rules 54.28(2)(g) and 54.33(4)(b) and (5), the references to the Tribunal’s decision on the appeal shall be construed as references to the adjudicator’s decision.

Phillips of Worth Matravers, M.R.

John Dyson, L.J.

Rupert Jackson, J.

Terence Etherton, J.

Stephen Oliver-Jones

Steven Whitaker

Carlos Dabezies

David di Mambro

Andrew Parker

Tina Jones

Nicholas Burkill

Philip Rainey

Juliet Herzog

Richard Walford

I allow these Rules

Falconer of Thoroton, C.

21st February 2005