Article 8 Amendments to the Rules of the Supreme Court (Northern Ireland) 1980

In Order 60A after rule 6, insert—

“Continuing a referral to the Court of Appeal in circumstances in which it would otherwise be treated as abandoned

7.

(1)

This rule applies to an appeal to the Tribunal which is referred to the Court of Appeal under section 103C of the Act which—

(a)

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

(b)

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

(2)

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

(a)

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

(3)

Where the appellant 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 Act.

(4)

The appellant must serve the notice lodged under paragraph (2) on the respondent.

(5)

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

(a)

the appellant’s full name and date of birth;

(b)

the Court of Appeal reference number;

(c)

the Home Office reference number, if applicable;

(d)

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

(e)

that the appellant 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 Act.

(6)

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

(a)

the appellant’s full name and date of birth;

(b)

the Court of Appeal reference number;

(c)

the Home Office reference number, if applicable;

(d)

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

(e)

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

(7)

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

(8)

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