Article 7 Amendments to the Rules of the Supreme Court (Northern Ireland) 1980

after rule 2, insert the following new rule—

“Representation of applicants while filter provision has effect

2A.

(1)

This rule applies during any period in which the filter provision has effect.

(2)

An applicant may, for the purpose of taking any step under rules 3 or 4, be represented by any person permitted to provide him with immigration advice or services under section 84 of the Immigration and Asylum Act 1999^f1.

(3)

Where a representative is acting for an appellant who is within the jurisdiction, a document must be served on the appellant by—

(a)

serving it on the representative; or

(b)

serving it on the appellant personally or sending it to his address by ordinary first class post,

but if the document is served on the appellant under (b), a copy must also at the same time be sent to his representative.”;

in rule 3—

in rule 5, after paragraph (2) insert—

“(2A)

The applicant must lodge with the notice—

(a)

a copy of the Tribunal’s notification that it does not propose to make an order for reconsideration or does not propose to allow the application to be made outside the relevant time limit;

(b)

any other document which was served on the applicant by the Tribunal giving reasons for its decision in paragraph (a);

(c)

written evidence in support of any application by the applicant to make the application outside the relevant time limit, if applicable; and

(d)

a copy of the application for reconsideration under section 103A of the 2002 Act, as submitted to the Tribunal under rule 3(1)(a).”;

in rule 8—

after rule 8, insert—

“Continuing an application in circumstances in which it would otherwise be treated as abandoned

9.

(1)

This rule applies to an application under section 103A of the 2002 Act which—

(a)

would otherwise be treated as abandoned under section 104(4A) of the 2002 Act; but

(b)

meets the conditions set out in section 104(4B) or section 104(4C) of the 2002 Act.

(2)

Where section 104(4A) of the 2002 Act applies and the applicant wishes to pursue the application, the applicant must lodge a notice in the Central Office—

(a)

where section 104(4B) of the 2002 Act applies, within 28 days of the date on which the applicant received notice of the grant of leave to enter or remain in the United Kingdom for a period exceeding 12 months; or

(b)

where section 104(4C) of the 2002 Act applies, within 28 days of the date on which the applicant received notice of the grant of leave to enter or remain in the United Kingdom.

(3)

Where the applicant does not comply with the time limits specified in paragraph (2), the application will be treated as abandoned in accordance with section 104(4) of the 2002 Act.

(4)

The applicant must serve the notice lodged under paragraph (2) on the other party to the appeal.

(5)

Where section 104(4B) of the 2002 Act applies, the notice lodged under paragraph (2) must state—

(a)

the applicant’s full name and date of birth;

(b)

the High Court reference number;

(c)

the Home Office reference number, if applicable;

(d)

the date on which the applicant was granted leave to enter or remain in the United Kingdom for a period exceeding 12 months; and

(e)

that the applicant wishes to pursue the application insofar as it is brought on grounds relating to the Refugee Convention specified in section 84(1)(g) of the 2002 Act.

(6)

Where section 104(4C) of the 2002 Act applies, the notice lodged under paragraph (2) must state—

(a)

the applicant’s full name and date of birth;

(b)

the High Court reference number;

(c)

the Home Office reference number, if applicable;

(d)

the date on which the applicant was granted leave to enter or remain in the United Kingdom; and

(e)

that the applicant wishes to pursue the application insofar as it is brought on grounds relating to Article 20A of the Race Relations (Northern Ireland) Order 1997^f2 specified in section 84(1)(b) of the 2002 Act.

(7)

Where an applicant has lodged a notice under paragraph (2) the Court will notify the applicant of the date on which it received the notice.

(8)

The Court will send a copy of the notice issued under paragraph (7) to the other party to the appeal.”.