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(This note is not part of the Rules)
These Rules amend the Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005/230), which came into force on 4th April 2005.
They amend rule 19 to give the Asylum and Immigration Tribunal a discretion to determine an appeal in the absence of a party or his representative if it is satisfied that the party or his representative has been given notice of the date, time and place of the hearing and that there is no good reason for the absence. Previously, the Tribunal was under a duty to determine the hearing in the absence of the party or his representative where rule 19 applied, and the explanation for the absence had to be given by the party or the representative.
They amend rule 62(7) to provide that the Asylum and Immigration Tribunal may permit a party to amend his grounds of appeal in a reconsideration hearing which takes place in circumstances where the party was granted permission to appeal by the Immigration Appeal Tribunal, but the appeal had not been determined by 4th April 2005.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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