Schedule 3: Expedited appeals where priority removal notice served: consequential amendments
- This Schedule makes a number of consequential amendments to the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act") and the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 ("the 2004 Act").
- Paragraph 2 amends section 85 of the 2002 Act so that the matters to be considered in an appeal to the First-tier Tribunal apply equally in the case of an expedited appeal to the Upper Tribunal.
- Paragraph 3 amends section 86 of the 2002 Act to include a reference to the Upper Tribunal. Section 86 describes what judges are required to do in consideration of appeals under sections 82(1) or 83 of the 2002 Act.
- Paragraph 4 amends sections 106(3) and (4) of the 2002 Act to include references to the Upper Tribunal. The amendment to section 106(3) means that the power derived from the Tribunal Procedure Rules under this section to certify an appeal as being without merit (and to make consequential provision) extends to the Upper Tribunal when determining an expedited appeal. Section 106(4) provides for circumstances in which an offence will be committed if, without reasonable excuse, a person fails to attend before the Tribunal. The amendment to section 106(4) has the effect of extending this to include a failure to attend before the Upper Tribunal on an expedited appeal.
- Paragraph 5 inserts a new subsection 107(2A) and substitutes words in section 107(3). Section 107 of the 2002 Act permits the use of practice directions to require the Tribunal or Upper Tribunal to treat a specified decision of either Tribunal as authoritative in respect of a particular matter. The combined effect of these amendments is to extend section 107 so that it applies to expedited appeals and expedited related appeals in the Upper Tribunal.
- Paragraph 6 amends section 108 by inserting a reference to the Upper Tribunal. Section 108 of the 2002 Act makes special provision for the conduct of appeal hearings where it is alleged that a document relied on by a party is a forgery and where it would be contrary to the public interest to disclose matters relating to the detection of the forgery to that party. The effect of this amendment is that the provisions in section 108 extend equally to such circumstances arising in an expedited appeal at the Upper Tribunal.
- Paragraph 7 amends section 8(9A) of the 2004 Act to ensure that section 8 of the 2004 Act applies to the Upper Tribunal when hearing expedited appeals or expedited related appeals.
