OpenLegislation

Article 1 Citation, commencement, application and interpretation

United Kingdom

(1)

These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and come into force on 20th October 2014.

(2)

They apply to proceedings before the Immigration and Asylum Chamber of the First-tier Tribunal.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In these Rules—

  • “the 1999 Act” means the Immigration and Asylum Act 1999 M1;

  • “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

  • “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 M2;

  • F2...

  • “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

  • F3“the 2020 Regulations” means the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020;

  • “appealable decision” means a decision from which there is a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal;

  • “appellant” means a person who has provided a notice of appeal to the Tribunal against an appealable decision in accordance with these Rules;

  • F4“appointment” means (except in rule 10(5)), a case management meeting conducted by a member of the Tribunal’s staff authorised to carry out functions of a judicial nature pursuant to rule 3(2), held for the purpose of carrying out any of those functions;

  • “asylum claim” has the meaning given in section 113(1) of the 2002 Act;

  • “certificate of fee satisfaction” means a certificate of fee satisfaction issued by the Lord Chancellor under article 8 of the Fees Order;

  • “decision maker” means the maker of a decision against which an appeal is brought;

  • “dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;

  • “document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

  • F5...

  • “the Fees Order” means the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 M3;

  • “hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

  • “the Immigration Acts” means the Acts referred to in section 61 of the UK Borders Act 2007 M4;

  • “party” means—

    1. (a)

      an appellant or respondent to proceedings;

    2. (b)

      a party to a bail application as provided for in rule 37(3) and 37(4); and

    3. (c)

      the UNHCR where notice has been given to the Tribunal in accordance with rule 8(3);

  • “practice direction” means a direction given under section 23 of the 2007 Act;

  • “qualified representative” means a person who is a qualified person in accordance with section 84(2) of the 1999 Act;

  • “respondent” means—

    1. (a)

      the decision maker specified in the notice of decision against which a notice of appeal has been provided; and

    2. (b)

      a person substituted or added as a respondent in accordance with rule 8.

  • “Tribunal” means the First-tier Tribunal;

  • “the UNHCR” means the United Kingdom Representative of the United Nations High Commissioner for Refugees; and

  • “working day” means any day except—

    1. (a)

      a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 M5; and

    2. (b)

      27th to 31st December inclusive.

(5)

A rule or Part referred to by number alone, means a rule in, or Part of, these Rules.

Annotations

Textual amendments

F1

Rule 1(3) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 10(2)(a)

F2

Words in rule 1 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 39(2) (with reg. 39(5)(6))

F3

Words in rule 1 inserted (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), reg. 1(2), Sch. 4 para. 6(2)

F4

Words in rule 1(4) inserted (6.4.2022) by The Tribunal Procedure (Amendment) Rules 2022 (S.I. 2022/312), rules 1, 2(2)

F5

Words in rule 1(4) omitted (21.7.2020) by virtue of The Tribunal Procedure (Amendment) Rules 2020 (S.I. 2020/651), rules 1(1), 10(2)(b)

Marginal citations

M1

1999 c.33

M2

2004 c. 19.

M3

S.I. 2011/2841

M4

2007 c.30.

M5

1971 c.80