OpenLegislation

Article 2 Interpretation

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

(1)

In these Rules–

  • “the Act” means the Immigration and Asylum Act 1999;

  • “adjudication” means a decision of an adjudicator made in accordance with section 103(3) of the Act;

  • “appeal bundle” means a bundle prepared by the Secretary of State containing copies of the following documents:

    1. (a)

      the form on which the appellant made a claim for support under section 95 of the Act, if the appeal is made under section 103(1) of the Act;

    2. (b)

      any supporting documentation attached to that form;

    3. (c)

      the decision letter; and

    4. (d)

      other material relied on by the Secretary of State in reaching his decision;

  • “appellant” means a person who appeals under section 103 of the Act against a decision of the Secretary of State;

  • “bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971f1;

  • “consideration day” has the meaning given to it by rule 4(4);

  • “decision letter” means a letter from the Secretary of State giving notice of a decision that gives rise to a right to appeal under section 103;

  • “excluded day” means a Saturday, a Sunday, a bank holiday, Christmas Day or Good Friday;

  • “member of the adjudicators' staff” means a person appointed by the Secretary of State under paragraph 5(1) of Schedule 10 to the Act;

  • “notice of appeal” has the meaning given to it by rule 3(1); and

  • “party” includes the appellant and the Secretary of State.

(2)

Any reference in these Rules:

(a)

to an adjudicator, in relation to the sending, giving or receiving of notices or other documents, whether by an adjudicator or a party to the appeal, includes a reference to a member of the adjudicators' staff;

(b)

to an adjudicator, in relation to the receiving of a notice of appeal by him, includes a reference to the offices occupied by the adjudicators;

(c)

to the appellant, in relation to the sending or giving of notices or other documents by the adjudicator or the Secretary of State, is also a reference to his representative, if he has one; and

(d)

to a representative is to be construed in accordance with rule 15.

(3)

For the purposes of these Rules, an appeal is determined when an adjudicator gives his adjudication.

Annotations

Footnotes

f1

1971 c. 80.