The Asylum and Immigration Tribunal (Procedure) Rules 2005

SECTION 1 Section 103A applications considered by members of the Tribunal

Procedure for applying for review

25.  Where paragraph 30 of Schedule 2 to the 2004 Act has effect in relation to a section 103A application, the application must be made in accordance with relevant rules of court (including any practice directions supplementing those rules).

Deciding applications for review

26.—(1) A section 103A application shall be decided by an immigration judge authorised by the President to deal with such applications.

(2) The immigration judge shall decide the application without a hearing, and by reference only to the applicant’s written submissions and the documents filed with the application notice.

(3) The immigration judge is not required to consider any grounds for ordering the Tribunal to reconsider its decision other than those set out in the application notice.

(4) The application must be decided not later than 10 days after the Tribunal receives the application notice.

(5) In deciding a section 103A application, the immigration judge may—

(a) in relation to an application for permission under section 103A(4)(b), either—

(i) permit the application to be made outside the period specified in section 103A(3); or

(ii) record that he does not propose to grant permission; and

(b) in relation to an application for an order under section 103A(1), either—

(i) make an order for reconsideration; or

(ii) record that he does not propose to make such an order.

(6) The immigration judge may make an order for reconsideration only if he thinks that—

(a) the Tribunal may have made an error of law; and

(b) there is a real possibility that the Tribunal would decide the appeal differently on reconsideration.

Form and service of decision

27.—(1) Where an immigration judge decides a section 103A application, he must give written notice of his decision, including his reasons which may be in summary form.

(2) Where an immigration judge makes an order for reconsideration—

(a) his notice of decision must state the grounds on which the Tribunal is ordered to reconsider its decision on the appeal; and

(b) he may give directions for the reconsideration of the decision on the appeal which may—

(i) provide for any of the matters set out in rule 45(4) which he considers appropriate to such reconsideration; and

(ii) specify the number or class of members of the Tribunal to whom the reconsideration shall be allocated.

(3) The Tribunal must, except in cases to which paragraph (5) applies—

(a) serve a copy of the notice of decision and any directions on every party to the appeal to the Tribunal; and

(b) where the immigration judge makes an order for reconsideration, serve on the party to the appeal other than the party who made the section 103A application a copy of the application notice and any documents which were attached to it.

(4) Paragraph (5) applies to reviews of appeals under section 82 of the 2002 Act where—

(a) the appellant is in the United Kingdom; and

(b) the appeal relates, in whole or in part, to an asylum claim.

(5) In cases to which this paragraph applies—

(a) the Tribunal must send to the respondent to the appeal—

(i) the notice of decision,

(ii) any directions, and

(iii) the application notice and any documents which were attached to it (unless the respondent to the appeal made the application for reconsideration);

(b) the respondent must serve on the appellant—

(i) the notice of decision and any directions; and

(ii) the application notice and any documents which were attached to it (unless the appellant made the application for reconsideration),

not later than 28 days after receiving them from the Tribunal;

(c) the respondent must, as soon as practicable after serving the documents mentioned in sub-paragraph (b), notify the Tribunal on what date and by what means they were served; and

(d) if the respondent does not give the Tribunal notification under sub-paragraph (c) within 29 days after the Tribunal serves the notice of decision on it, the Tribunal must serve the documents mentioned in sub-paragraph (b) on the appellant as soon as reasonably practicable thereafter.

Sending notice of decision to the appropriate court

28.  The Tribunal must send to the appropriate court copies of—

(a) the notice of decision; and

(b) the application notice and any documents which were attached to it,

upon being requested to do so by the appropriate court.