Article 26 Deciding applications for review

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 26 applied (with modifications) by Asylum and Immigration Tribunal (Fast Track Procedure) 2005 rule 16(b)
Rules revoked by Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) 2014 rule 45 Table 1
Rules modified by Transfer of Functions of the Asylum and Immigration Tribunal 2010 art. 4

(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.