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The Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2008

S.I. 2008/1089 · Made 11 April 2008 · Extends to United Kingdom

Not fully up to date. 5 changes made by later legislation have not yet been written into this text, which is revised to 11 April 2008.

See the changes not yet applied
ProvisionChangeMade by
rule 1coming into forceAsylum and Immigration Tribunal (Fast Track Procedure) 2008 rule 1(1)
rule 2coming into forceAsylum and Immigration Tribunal (Fast Track Procedure) 2008 rule 1(1)
rule 3coming into forceAsylum and Immigration Tribunal (Fast Track Procedure) 2008 rule 1(1)
rule 4coming into forceAsylum and Immigration Tribunal (Fast Track Procedure) 2008 rule 1(1)
RulesrevokedTribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) 2014 rule 45 Table 1

Immigration

Made 11th April 2008

Laid before Parliament 21st April 2008

Coming into force 12th May 2008

The Lord Chancellor makes these Rules in exercise of the powers conferred by sections 106(1) to (3) and 112(3) of the Nationality, Immigration and Asylum Act 2002f1, and section 40A(3) of the British Nationality Act 1981f2.

He has consulted the Administrative Justice and Tribunals Council in accordance with section 8 of the Tribunals and Inquiries Act 1992f3.

Annotations to the whole text

Footnotes

f1

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), by paragraph 9 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006 (c.13) and by section 19 of the UK Borders Act 2007 (c.30) from a date to be appointed.

f2

1981 c.61. Section 40A was substituted 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) and by paragraph 9 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006 (c.13).

f3

1992 c.53. The Administrative Justice and Tribunals Council has replaced the Council on Tribunals under section 44 of and paragraph 30 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15).

Contents

  1. 1Citation, commencement and interpretation Not yet in force
  2. 2Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 Not yet in force
  3. 3Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 Not yet in force
  4. 4Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 Not yet in force
  5. Signature
  6. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2008 and come into force on 12th May 2008.

(2)

In these Rules a reference to a rule or Schedule by number alone is to the rule or Schedule so numbered in or to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005f1.

2Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005I1

In rule 6—

(a)

in paragraph (e) delete “and”;

(b)

in paragraph (f) for “19.” substitute “19;”; and

(c)

after paragraph (f) insert—

“(g)

rule 20, provided that this Part applies to all of the appeals proposed to be heard together.”

3Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005I1

In rule 13—

(a)

re-number the existing provision as paragraph (1); and

(b)

after paragraph (1) insert—

“(2)

The Tribunal may consider an appeal without a hearing where—

(a)

the person giving notice of appeal fails to comply with rule 8(2) of the Principal Rules; or

(b)

the Tribunal does not consider that the reasons given under rule 8(2)(b) of those Rules are satisfactory.”.

4Amendments to the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005I1

In Schedule 2, after “Harmondsworth Immigration Removal Centre, Harmondsworth, Middlesex”, insert “Oakington Reception Centre, Longstanton, Cambridgeshire”.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

11th April 2008

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) (“the Fast Track Rules”). The Fast Track Rules provide for a Fast Track Procedure for appeals to the Asylum and Immigration Tribunal, where the appellant is in detention under the Immigration Acts at a location specified in Schedule 2 to the Fast Track Rules.

Rule 2 provides that the provision in the Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005/230) (“the Principal Rules”) allowing two or more appeals to be heard together also applies to appeals to which the Fast Track Procedure applies (provided that the Fast Track Procedure applies to all of the appeals that are to be heard together).

Rule 3 empowers the Tribunal to consider an appeal without a hearing where the person giving notice of appeal fails to include with the notice of appeal the notice of decision to which the appeal relates, or the Tribunal considers that the reasons for not including it are unsatisfactory. This follows amendments to rules 8 and 15 of the Principal Rules by the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2008 (S.I. 2008/1088 (L.7)).

Rule 4 inserts into Schedule 2 to the Principal Rules an additional immigration reception centre, at Oakington, Cambridgeshire, so that the Fast Track Procedure can apply to a person who is detained at that centre.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.