Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Applications under the Nationality, Immigration and Asylum Act 2002) 2003

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt inserts a new Part (Part XI) into the Court of Session Rules 1994 (S.I. 1994/1443) to make provision for applications for review of a decision of the Immigration Appeal Tribunal in the Court of Session under section 101(2) of the Nationality, Immigration and Asylum Act 2002 (“the Act of 2002”). Part XI provides for applications to be made by application notice to the Outer House in the Form set out in the Schedule inserted by paragraph 2(3) of this Act of Sederunt. The notice must be lodged within 14 days of the Tribunal’s decision and certain documents must be lodged along with the application notice as set out in rule 41.47(3). Applications will be determined by a single judge in the Outer House without a hearing and by reference to written submissions only. The rules also make provision for service of the application notice and service of the court’s order. The expenses of the application may be reserved by the court to be determined by the Tribunal.