The Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006

Statutory Instruments

2006 No. 2789 (L. 11)

immigration

The Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006

Made

13th October 2006

Laid before Parliament

17th October 2006

Coming into force

13th November 2006

The Lord Chancellor, in exercise of the powers conferred by sections 106(1) to (3) and 112(3) of the Nationality, Immigration and Asylum Act 2002 (1), and section 40A(3) of the British Nationality Act 1981(2), after consulting the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(3), makes the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006 and shall come into force on 13th November 2006.

(2) In these Rules, a reference to a rule by number alone refers to the rule so numbered in the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005(4).

Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005

2.  Omit rule 2(4).

3.  In rule 12(3)—

(a) after “it must serve” insert “on every party”;

(b) after “under this rule” insert “, including its reasons which may be in summary form,”; and

(c) omit “on the parties”.

4.  In rule 13(a)(ii) after “104(4)” insert “ or (4A)”.

5.  After rule 29 insert—

“Correction of administrative errors

29A.   Where an order, notice of decision or determination is set aside and the President, Deputy President or senior immigration judge orders that the relevant proceedings be dealt with again by the Tribunal under rule 60(1A) of the Principal Rules, the Tribunal must, not later than 1 day after making the order, notify every party of its decision.”.

6.  Omit the Schedule.

Bridget Prentice

Parliamentary Under Secretary of State

Department for Constitutional Affairs

13th October 2006

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (S.I. 2005/560), to bring the Rules into line with the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230) as amended by the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2006 (SI 2006/2788(L.10)).

(1)

2002 c.41. Section 106 was amended by paragraph 21 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19).

(2)

1981 c. 61. Section 40A was inserted by section 4(1) of the Nationality, Immigration and Asylum Act 2002 (c.41) and amended by paragraph 4 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (c.19).

(3)

1992 c.53.

(4)

S.I. 2005/560.