Explanatory note

Section 103 of the Immigration and Asylum Act 1999 (the Act) provides for an appeal right if the Secretary of State decides that a person does not qualify, or no longer qualifies, for asylum support under section 95 of the Act. These Rules provide for the procedure to be followed in deciding such appeals.

Section 104(3) provides that, in making these Rules, regard must be had to the desirability of securing, so far as is reasonably practicable, that appeals are brought and disposed of with the minimum of delay.

The Rules therefore provide for a short time-scale. The adjudicator must receive notice of appeal 2 working days after the appellant receives notice of the Secretary of State’s decision. Where there is to be an oral hearing, it must take place 6 working days after the adjudicator receives notice of appeal and the adjudicator must give his decision on the same day. Where there is no oral hearing, the appeal must be determined as soon as possible and not later than 6 working days after receipt of the notice of appeal, and the adjudicator must give notice of his decision on the day that he determines it.