Immigration and Asylum Act 1999

Lord Chancellor’s rules of procedure U.K.

3 U.K. The Lord Chancellor may make rules—

(a) for regulating the exercise of the rights of appeal conferred by Part IV;

(b) for prescribing the practice and procedure to be followed on or in connection with appeals under Part IV, including the mode and burden of proof and admissibility of evidence on such an appeal; and

(c) for other matters preliminary or incidental or arising out of such appeals, including proof of the decisions of the adjudicator or the Immigration Appeal Tribunal.

Modifications etc. (not altering text)

C1 Sch. 4 para. 3 modified (1.8.2000) by S.I. 2000/1985, art. 3(1)(3)

4 (1) The rules may include provision— U.K.

(a) enabling appeals to be determined without a hearing;

(b) enabling an adjudicator or the Tribunal to allow or dismiss an appeal without considering its merits—

(i) if there has been a failure by one of the parties to comply with a provision of the rules or with a direction given under the rules: or

(ii) if one of the parties has failed to attend at a hearing;

(c) enabling or requiring an adjudicator or the Tribunal to treat an appeal as abandoned in specified circumstances;

(d) enabling the Tribunal, on an appeal from an adjudicator, to remit the appeal to an adjudicator for determination by him in accordance with any directions of the Tribunal, or for further evidence to be obtained with a view to determination by the Tribunal;

(e) as to the circumstances in which—

(i) a decision of an adjudicator may be set aside by an adjudicator; or

(ii) a decision of the Tribunal may be set aside by the Tribunal;

(f) conferring on adjudicators or the Tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of their functions;

(g) as to the procedure to be followed on applications to the Tribunal for leave to appeal under paragraph 23.

(2) The rules must provide that any appellant is to have the right to be legally represented at any hearing of his appeal.

(3) Nothing in this paragraph affects the scope of the power conferred by paragraph 3.

(4) In this Schedule “rules” means rules under this paragraph.

Modifications etc. (not altering text)

C2 Sch. 4 para. 4 modified (1.8.2000) by S.I. 2000/1985, art. 3(1)(3)