The Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2006

Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005

7.  In rule 18—

(a) in paragraph (1)(a), after “section 104(4)” insert “, (4A)”;

(b) after paragraph (1) insert—

“(1A) Where section 104(4A) of the 2002 Act applies and the appellant wishes to pursue his appeal, the appellant must file a notice with the Tribunal—

(a) where section 104(4B) of the 2002 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 2002 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.

(1B) Where the appellant does not comply with the time limits specified in paragraph (1A) the appeal will be treated as abandoned in accordance with section 104(4) of the 2002 Act.

(1C) At the same time as filing the notice under paragraph (1A), the appellant must serve a copy of the notice on the respondent.

(1D) Where section 104(4B) of the 2002 Act applies, the notice filed under paragraph (1A) must state—

(a) the appellant’s full name and date of birth;

(b) the Tribunal’s reference number;

(c) the Home Office reference number, if applicable;

(d) the Foreign and Commonwealth Office reference number, if applicable;

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

(f) that the appellant wishes to pursue the appeal in so far as it is brought on the ground specified in section 84(1)(g) of the 2002 Act which relates to the Refugee Convention.

(1E) Where section 104(4C) of the 2002 Act applies, the notice filed under paragraph (1A) must state—

(a) the appellant’s full name and date of birth;

(b) the Tribunal’s reference number;

(c) the Home Office reference number, if applicable;

(d) the Foreign and Commonwealth Office reference number, if applicable;

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

(f) that the appellant wishes to pursue the appeal in so far as it is brought on the ground specified in section 84(1)(b) of the 2002 Act which relates to section 19B of the Race Relations Act 1976.

(1F) Where an appellant has filed a notice under paragraph (1A) the Tribunal will notify the appellant of the date on which it received the notice.

(1G) The Tribunal will send a copy of the notice issued under paragraph (1F) to the respondent.”;

(c) in paragraph (2) after “section 104(4)” insert “or (4A)”.