Nationality, Immigration and Asylum Act 2002

Procedure

104 Pending appeal

(1) An appeal under section 82(1) is pending during the period—

(a) beginning when it is instituted, and

(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

(2) An appeal under section 82(1) is not finally determined for the purposes of subsection (1)(b) while a further appeal or an application under section 101(2)—

(a) has been instituted and is not yet finally determined, withdrawn or abandoned, or

(b) may be brought (ignoring the possibility of an appeal out of time with permission).

(3) The remittal of an appeal to an adjudicator under section 102(1)(c) is not a final determination for the purposes of subsection (2) above.

(4) An appeal under section 82(1) shall be treated as abandoned if the appellant—

(a) is granted leave to enter or remain in the United Kingdom, or

(b) leaves the United Kingdom.

(5) An appeal under section 82(2)(a), (c), (d), (e) or (f) shall be treated as finally determined if a deportation order is made against the appellant.

105 Notice of immigration decision

(1) The Secretary of State may make regulations requiring a person to be given written notice where an immigration decision is taken in respect of him.

(2) The regulations may, in particular, provide that a notice under subsection (1) of a decision against which the person is entitled to appeal under section 82(1) must state—

(a) that there is a right of appeal under that section, and

(b) how and when that right may be exercised.

(3) The regulations may make provision (which may include presumptions) about service.

106 Rules

(1) The Lord Chancellor may make rules—

(a) regulating the exercise of the right of appeal under section 82, 83 or 101;

(b) prescribing procedure to be followed in connection with proceedings under section 82, 83, 101(1) or 103.

(2) In particular, rules under subsection (1)—

(a) must entitle an appellant to be legally represented at any hearing of his appeal;

(b) may enable or require an appeal to be determined without a hearing;

(c) may enable or require an appeal to be dismissed without substantive consideration where practice or procedure has not been complied with;

(d) may enable or require an adjudicator or the Immigration Appeal Tribunal to treat an appeal as abandoned in specified circumstances;

(e) may enable or require an adjudicator or the Tribunal to determine an appeal in the absence of parties in specified circumstances;

(f) may enable or require an adjudicator or the Tribunal to determine an appeal by reference only to written submissions in specified circumstances;

(g) may make provision about the adjournment of an appeal by an adjudicator (which may include provision prohibiting an adjudicator from adjourning except in specified circumstances);

(h) may make provision about the treatment of adjourned appeals by an adjudicator (which may include provision requiring an adjudicator to determine an appeal within a specified period);

(i) may make provision about the use of electronic communication in the course of or in connection with a hearing;

(j) may make provision about the remittal of an appeal by the Tribunal to an adjudicator under section 102;

(k) may enable an adjudicator to set aside a decision of himself or another adjudicator;

(l) may enable the Tribunal to set aside a decision of the Tribunal;

(m) must make provision about the consolidation of appeals (which may, in particular, include provision for the adjournment or remission of a further appeal under section 101);

(n) may make provision (which may include presumptions) about service;

(o) may confer ancillary powers on an adjudicator or the Tribunal;

(p) may confer a discretion on an adjudicator or the Tribunal;

(q) may require an adjudicator or the Tribunal to give notice of a determination to a specified person;

(r) may require or enable notice of a determination to be given on behalf of an adjudicator or the Tribunal;

(s) may make provision about the grant of bail by an adjudicator or the Tribunal (which may, in particular, include provision which applies or is similar to any enactment).

(3) Rules under subsection (1)—

(a) may enable an adjudicator or the Tribunal to make an award of costs or expenses,

(b) may make provision (which may include provision conferring discretion on a court) for the taxation or assessment of costs or expenses,

(c) may make provision about interest on an award of costs or expenses (which may include provision conferring a discretion or providing for interest to be calculated in accordance with provision made by the rules),

(d) may enable an adjudicator or the Tribunal to disallow all or part of a representative’s costs or expenses,

(e) may enable an adjudicator or the Tribunal to require a representative to pay specified costs or expenses, and

(f) shall make provision in respect of proceedings before an adjudicator or the Tribunal which has an effect similar to that of section 101(3)(d) and the Civil Procedure Rules referred to there.

(4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with rules under subsection (1) to attend before an adjudicator or the Tribunal—

(a) to give evidence, or

(b) to produce a document.

(5) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

107 Practice directions

(1) The President of the Immigration Appeal Tribunal may give directions as to the practice to be followed by the Tribunal.

(2) The Chief Adjudicator may give directions as to the practice to be followed by adjudicators.

108 Forged document: proceedings in private

(1) This section applies where it is alleged—

(a) that a document relied on by a party to an appeal under section 82, 83 or 101 is a forgery, and

(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.

(2) The adjudicator or the Immigration Appeal Tribunal—

(a) must investigate the allegation in private, and

(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).