Article 27 Form and service of decision

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

rule 27(1)(2) applied by Asylum and Immigration Tribunal (Fast Track Procedure) 2005 rule 16(c)
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
rule 27 am by Asylum and Immigration Tribunal (Procedure) 2006 rule 9
rule 27 am by Asylum and Immigration Tribunal (Procedure) 2007 rule 2

(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.