Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

1999 CHAPTER 33

Commentary on Sections

Part IV: Appeals

Section 56 and Schedule 2: The appellate authorities

179. Section 56 provides for the Immigration Appeal Tribunal to continue in being.

180. Schedule 2 re-enacts with modifications Part II of Schedule 5 to the 1971 Act concerning the appointment and payment of Tribunal members and staff. References to the Secretary of State have been replaced by references to the Lord Chancellor, to whom responsibility was transferred by the Transfer of Functions (Immigration Appeals) Order 1987 (SI 1987 No. 465).

181. Paragraph 1 of Schedule 2 allows the Lord Chancellor to appoint such number of members to the Tribunal as he sees fit. Paragraph 1(3) sets out the criteria for appointment as one of the legally qualified members.

182. Paragraph 2(1) requires the Lord Chancellor, as now, to appoint a President and, in addition, a Deputy President and requires both appointments to be made from amongst the legally qualified members. The Deputy will support the President in the judicial management of the Tribunal.

183. Paragraph 6(3) provides for the jurisdiction of the Tribunal to be exercised, in a case or category of case, by a panel of one or more members as the President may direct.