Article 31 Procedure for reconsideration of appeal

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

rule 31(2)-(5) applied by Asylum and Immigration Tribunal (Fast Track Procedure) 2005 rule 20(1)(a)
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 31(4)(a) word deleted by Asylum and Immigration Tribunal (Procedure) 2008 rule 6(a)(i)
rule 31(4)(b) words substituted by Asylum and Immigration Tribunal (Procedure) 2008 rule 6(a)(ii)
rule 31(4)(c) inserted by Asylum and Immigration Tribunal (Procedure) 2008 rule 6(a)(iii)
rule 31(5) words inserted by Asylum and Immigration Tribunal (Procedure) 2008 rule 6(b)

(1)

Where an order for reconsideration has been made, the Tribunal must reconsider an appeal as soon as reasonably practicable after that order has been served on both parties to the appeal.

(2)

Where the reconsideration is pursuant to an order under section 103A—

(a)

the Tribunal carrying out the reconsideration must first decide whether the original Tribunal made a material error of law; and

(b)

if it decides that the original Tribunal did not make a material error of law, the Tribunal must order that the original determination of the appeal shall stand.

(3)

Subject to paragraph (2), the Tribunal must substitute a fresh decision to allow or dismiss the appeal.

(4)

In carrying out the reconsideration, the Tribunal—

(a)

may limit submissions or evidence to one or more specified issues; and

(b)

must have regard to any directions given by the immigration judge or court which ordered the reconsideration.

(5)

In this rule, a “material error of law” means an error of law which affected the Tribunal’s decision upon the appeal.