The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

Publication Date:January 01, 2014
 
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2014No. 2604 (L. 31)

TRIBUNALS AND INQUIRIES

The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

24thSeptember2014

29thSeptember2014

20thOctober2014

Having consulted in accordance with paragraph 28(1) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007( 1), the Tribunal Procedure Committee has made the following Rules in exercise of the powers conferred by-

(a) sections 9, 22, 29(3) and (4) of and Schedule 5 to the Tribunals, Courts and Enforcement Act 2007,

(b) paragraph 25 of Schedule 2 to the Immigration Act 1971( 2),

(c) section 106(3) of the Nationality, Immigration and Asylum Act 2002( 3),

(d) section 40A(3) of the British Nationality Act 1981( 4), and

(e) Schedule 1 to the Immigration (European Economic Area) Regulations 2006( 5).

The Lord Chancellor has allowed the Rules in accordance with paragraph 28(3) of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007.

PART 1

Introduction

Citation, commencement, application and interpretation

1. (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.

(3) The Schedule of Fast Track Rules has effect in the circumstances and in the manner specified in that Schedule.

(4) In these Rules-

"the 1999 Act" means the Immigration and Asylum Act 1999( 6);

"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( 7);

"the 2006 Regulations" means the Immigration (European Economic Area) Regulations 2006;

"the 2007 Act" means the Tribunals, Courts and Enforcement Act 2007;

"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;

"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;

"Fast Track Rules" means the rules contained in the Schedule to this statutory instrument;

"the Fees Order" means the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011( 8);

"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( 9);

"party" means-

(a) an appellant or respondent to proceedings;

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

(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-

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

(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-

(a) a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971( 10); and

(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.

Overriding objective and parties' obligation to co-operate with the Tribunal

2. (1) The overriding objective of these Rules is to enable the Tribunal to deal with cases fairly and justly.

(2) Dealing with a case fairly and justly includes-

(a) dealing with the case in ways which are proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;

(b) avoiding unnecessary formality and seeking flexibility in the proceedings;

(c) ensuring, so far as practicable, that the parties are able to participate fully in the proceedings;

(d) using any special expertise of the Tribunal effectively; and

(e) avoiding delay, so far as compatible with proper consideration of the issues.

(3) The Tribunal must seek to give effect to the overriding objective when it-

(a) exercises any power under these Rules; or

(b) interprets any rule or practice direction.

(4) Parties must-

(a) help the Tribunal to further the overriding objective; and

(b) co-operate with the Tribunal generally.

PART 2

General Powers and Provisions

Delegation to staff

3. (1) Anything of a formal or administrative nature which is required or permitted to be done by the Tribunal under these Rules may be done by a member of the Tribunal's staff.

(2) Staff appointed by the Lord Chancellor may, with the approval of the Senior President of Tribunals, carry out functions of a judicial nature permitted or required to be done by the Tribunal.

(3) The approval referred to at paragraph (2) may apply generally to the carrying out of specified functions by members of staff of a specified description in specified circumstances.

(4) Within 14 days after the date on which the Tribunal sends notice of a decision made by a member of staff under paragraph (2) to a party, that party may apply in writing to the Tribunal for that decision to be considered afresh by a judge.

Case management powers

4. (1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure.

(2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction.

(3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may-

(a) extend or shorten the time for complying with any rule, practice direction or direction;

(b) consolidate or hear together two or more sets of proceedings or parts of proceedings raising common issues;

(c) permit or require a party to amend a document;

(d) permit or require a party or another person to provide documents, information, evidence or submissions to the Tribunal or a party;

(e) provide for a particular matter to be dealt with as a preliminary issue;

(f) hold a hearing to consider any matter, including a case management issue;

(g) decide the form of any hearing;

(h) adjourn or postpone a hearing;

(i) require a party to produce a bundle for a hearing;

(j) stay (or, in Scotland, sist) proceedings;

(k) transfer proceedings to another court or tribunal if that other court or tribunal has jurisdiction in relation to the proceedings and-

(i) because of a change of circumstances since the proceedings were started, the Tribunal no longer has jurisdiction in relation to the proceedings; or

(ii) the Tribunal considers that the other court or tribunal is a more appropriate forum for the determination of the case; or

(l) suspend the effect of its own decision pending the determination by the Tribunal or the Upper Tribunal of an application for permission to appeal against, and any appeal or review of, that decision.

Procedure for applying for and giving directions

5. (1) The Tribunal may give a direction on the application of one or more of the parties or on its own initiative.

(2) An application for a direction may be made-

(a) by sending or delivering a written application to the Tribunal; or

(b) orally during the course of a hearing.

(3) An application for a direction must include the reason for making that application.

(4) Unless the Tribunal considers that there is good reason not to do so, the Tribunal must send written notice of any direction to every party and to any other person affected by the direction.

(5) If a party or any other person sent notice of the direction under paragraph (4) wishes to challenge the direction which the Tribunal has given, they may do so by applying for another direction which amends, suspends or sets aside the first direction.

Failure to comply with rules etc

6. (1) An irregularity resulting from a failure to comply with any requirement in these Rules, a practice direction or a direction does not of itself render void the proceedings or any step taken in the proceedings.

(2) If a party has failed to comply with a requirement in these Rules, a practice direction or a direction, the Tribunal may take such action as it considers just, which may include-

(a) waiving the requirement;

(b) requiring the failure to be remedied; or

(c) exercising its power under paragraph (3).

(3) The Tribunal may refer to the Upper Tribunal, and ask the Upper Tribunal to exercise its power under section 25 (supplementary powers of Upper Tribunal) of the 2007 Act in relation to, any failure by a person to comply with a requirement imposed by the Tribunal-

(a) to attend at any place for the purpose of giving evidence;

(b) otherwise to make themselves available to give evidence;

(c) to swear an oath in connection...

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