The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005

PART 1 INTRODUCTION

Citation and commencement

1.  These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 and shall come into force on 4th April 2005.

Interpretation

2.—(1) In these Rules, “the Principal Rules” means the Asylum and Immigration Tribunal (Procedure) Rules 2005(1).

(2) Subject to paragraph (3), words and expressions used in these Rules which are defined in rule 2 of the Principal Rules have the same meaning in these Rules as in the Principal Rules.

(3) In these Rules, and in any provision of the Principal Rules which applies by virtue of these Rules, “business day” means any day other than a Saturday or Sunday, a bank holiday, 24th to 31st December, Maundy Thursday, Good Friday or the Tuesday after the last Monday in May.

(4) In a provision of the Principal Rules which applies by virtue of these Rules, a reference to an “appropriate prescribed form” means, in relation to a notice of appeal or an application notice for permission to appeal to the appropriate appellate court, the appropriate form in Schedule 1 to these Rules, or that form with any variations that the circumstances may require.

(5) Where a provision of the Principal Rules applies by virtue of these Rules—

(a) any reference in that provision to the Principal Rules is to be interpreted as including a reference to these Rules; and

(b) any reference in that provision to a specific Part or rule in the Principal Rules is to be interpreted as including a reference to any equivalent Part or rule in these Rules.

Scope of these Rules

3.—(1) Part 2 of these Rules applies to appeals to the Tribunal in the circumstances specified in rule 5.

(2) Part 3 applies to proceedings before the Tribunal of the types described in rule 24 of the Principal Rules in the circumstances specified in rule 15.

(3) Part 4 applies to proceedings before the Tribunal to which Part 2 or 3 applies.

(4) Part 5 applies to proceedings before the Tribunal to which Part 2 or 3 applies or has applied.

(5) For the purpose of rules 5 and 15, a party does not cease to satisfy a condition that he must have been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to these Rules by reason only of—

(a) being transported from one place of detention specified in that Schedule to another place which is so specified; or

(b) leaving and returning to such a place of detention for any purpose between the hours of 6 a.m. and 10 p.m.

Application of the Principal Rules

4.—(1) Rule 4 of the Principal Rules (Overriding objective) applies to these Rules.

(2) Where Part 2 or 3 of these Rules applies to proceedings before the Tribunal, the Principal Rules also apply to the extent specified in rules 6, 16, 20, 24 and 27 of these Rules.

(1)

S.I. 2005/230.