The Immigration and Asylum Appeals (Procedure) Rules 2003

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed for appeals and applications to an adjudicator and to the Immigration Appeal Tribunal under Part 5 of the Nationality, Immigration and Asylum Act 2002, which comes into force on 1st April 2003, and under section 40A of the British Nationality Act 1981, as inserted by section 4 of the 2002 Act. The Rules also prescribe the procedure to be followed for applications to an adjudicator or the Tribunal for bail.

Part 1 of these Rules contains introductory provisions.

Part 2 contains rules about appeals to an adjudicator. Subject to various exceptions and limitations in Part 5 of the 2002 Act, a right of appeal lies to an adjudicator—

(a) under section 82 of the 2002 Act, against an immigration decision;

(b) under section 83 of the 2002 Act, in certain circumstances, against a decision to reject an asylum claim; and

(c) under section 40A of the British Nationality Act 1981, against a decision to make an order depriving a person of a British citizenship status.

Part 3 contains rules about appeals (including applications for permission to appeal) to the Tribunal. Section 101(1) of the 2002 Act and section 40A(3) of the 1981 Act provide that a party to an appeal to an adjudicator may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against an adjudicator’s determination on a point of law.

Part 4 contains rules about applications to the Tribunal for permission to appeal to the Court of Appeal or (in Scotland) to the Court of Session.

Part 5 contains rules about applications to an adjudicator or the Tribunal for bail. Such applications may be made under Schedule 2 to the Immigration Act 1971 and section 9A of the Asylum and Immigration Appeals Act 1993.

Part 6 contains general provisions which apply to appeals and applications under these Rules.

Part 7 revokes the Immigration and Asylum Appeals (Procedure) Rules 2000 and contains transitional provisions for appeals and applications pending on 1st April 2003.