(This note is not part of the Rules)
These Rules prescribe a “fast track” procedure for appeals and applications to the Asylum and Immigration Tribunal, where the appellant is in detention under the Immigration Acts at the locations listed in Schedule 2. The Rules come into force on 4th April 2005.
The Tribunal is established under section 81 of and Schedule 4 to the Nationality, Immigration and Asylum Act 2002, as substituted by section 26(1) of and Schedule 1 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. The general procedures for appeals and applications to the Tribunal are set out in the Asylum and Immigration Tribunal (Procedure) Rules 2005 (“the Principal Rules”).
Parts 1 to 4 of these Rules specify the extent to which the Principal Rules apply to fast track appeals and applications, modify certain provisions of the Principal Rules and make different provision for certain matters. The circumstances in which those Parts apply are set out in rules 3, 5 and 15.
The procedure under these Rules differs from that under the Principal Rules principally in the following ways—
(a)there are shorter time limits for the parties and the Tribunal to take certain steps (rules 7 to 12, 14, 19, 21, 23, 25 and 26);
(b)the procedures for deciding certain issues are simplified or modified to reflect the shorter timetable in fast track proceedings (rules 12, 13, 22 and 28);
(c)in all fast track cases, including cases where the appeal relates in whole or in part to an asylum claim, the Tribunal must serve its determinations and decisions on every party to the appeal (rules 14, 19 and 23); and
(d)in the fast track, an application under section 103A of the 2002 Act must be served on the party to the appeal other than the applicant, who may file submissions in response to the application, which the immigration judge must consider (rules 17 and 18).
Part 5 specifies the circumstances in which the Tribunal may direct that an appeal or application is to be taken out of the fast track procedure, and the rules which apply when the fast track procedure ceases to apply. Part 6 revokes the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003 and contains transitional provisions.
Where these Rules apply, the time limits for applications under section 103A of the 2002 Act are varied by the Asylum and Immigration (Fast Track Time Limits) Order 2005.