The Magistrates’ Courts (Immigration Act 2014) (Freezing Orders) Rules 2018

Procedure at hearings

5.—(1) At the hearing of any application for a freezing order, or of any application to vary or discharge a freezing order, any person to whom notice of the application has been given may attend and be heard on the question of whether the application should be granted, but the fact that any such person does not attend shall not prevent the court from hearing the application.

(2) Subject to the foregoing provisions of these Rules, proceedings on such an application shall be regulated in the same manner as proceedings on a complaint, and accordingly for the purposes of these Rules—

(a) the application is deemed to be a complaint;

(b) the Secretary of State (or, if the application is to vary or discharge a freezing order and is made by a person other than the Secretary of State, that person) is deemed to be a complainant;

(c) the respondent (or the Secretary of State, if the application is to vary or discharge a freezing order and is made by a person other than the Secretary of State) is deemed to be a defendant; and

(d) any notice of hearing given under rule 3(3)(c) or 4(3) is deemed to be a summons, but nothing in this rule shall be construed as enabling a warrant of arrest to issue for failure to appear in response to any such notice.