{
  "url": "https://openlegislation.uk/asylum-and-immigration-fast-track-time-limits-order-2005/note",
  "json_url": "https://openlegislation.uk/asylum-and-immigration-fast-track-time-limits-order-2005/note.json",
  "legislation": "uksi/2005/561",
  "legislation_title": "The Asylum and Immigration (Fast Track Time Limits) Order 2005",
  "legislation_url": "https://openlegislation.uk/asylum-and-immigration-fast-track-time-limits-order-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order shortens the time limits for review applications made by parties to “fast track” appeals to the Asylum and Immigration Tribunal. It comes into force on 4th April 2005.\nThe Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (“the Fast Track Procedure Rules”) set out a fast track procedure for appeals to the Asylum and Immigration Tribunal, where the appellant is in detention under the Immigration Acts at locations specified in those Rules.\nSection 103A of the Nationality, Immigration and Asylum Act 2002 provides that a party to an appeal to the Tribunal may apply to the High Court or Court of Session for an order requiring the Tribunal to reconsider its decision on the appeal. Section 103A(3) specifies the time limits for making such an application.\nParagraph 30 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (“the filter provision”) provides that, for a transitional period, section 103A applications will initially be considered by a member of the Tribunal. If the Tribunal member does not make an order for reconsideration or grant permission for the application to be made out of time, the applicant may notify the High Court or Court of Session that he wishes the court to consider the application. Paragraph 30(5)(b) specifies the time limit for the applicant to notify the court.\nSection 26(8) of the 2004 Act provides that the Lord Chancellor may vary these periods of time by order. This order varies the time limits in cases where the Fast Track Procedure Rules apply, so long as the appellant remains in detention when the application is made or notification is given. Article 3 reduces the time for either party to the appeal to make a section 103A application from 5 days to 2 days. This shorter time limit applies in all fast track cases, regardless of whether the filter provision is in force. Article 4 is only relevant while the filter provision has effect, and reduces the time for notifying the court under paragraph 30(5) from 5 days to 2 days.\nThe calculation of these periods of time is governed by the Civil Procedure Rules which apply to section 103A applications.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/561/note",
    "retrieved_at": "2026-10-29T05:07:36.020640+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}