The Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005/230), which prescribe the procedures to followed for appeals and applications to the Asylum and Immigration Tribunal.

Rules 2 and 4(b) require the appellant to give reasons for a failure to include with the notice of appeal the notice of decision to which the appeal relates, and permit the Tribunal to determine the appeal without a hearing where the appellant fails to give reasons or where the reasons given are unsatisfactory.

Rule 3 requires the Tribunal not to accept a notice of appeal in cases where a person may not appeal pursuant to s.88A of the 2002 Act.

Rule 4(a) permits the Tribunal to hear an appeal without a hearing where the appellant is outside the United Kingdom and has a representative outside the United Kingdom.

Rules 5 and 6 clarify the nature of a reply, and provide that it must be considered (and what else must or may be considered) when the Tribunal is deciding whether the original Tribunal made a material error of law.

Rule 7 provides that a determination relating to public funding in reconsideration cases need not be made separately from the substantive determination.

Rule 8 empowers the Tribunal, in certain circumstances, to set aside a determination and direct that proceedings be reheard.

Rule 9 empowers the Tribunal to extend time limits retrospectively in exceptional circumstances.

Rule 10 requires the respondent to notify the Tribunal if the respondent knows of the appellant’s change of address.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.