The Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (S.I. 2005/560) (“the Fast Track Rules”). The Fast Track Rules provide for a Fast Track Procedure for appeals to the Asylum and Immigration Tribunal, where the appellant is in detention under the Immigration Acts at a location specified in Schedule 2 to the Fast Track Rules.

Rule 2 provides that the provision in the Asylum and Immigration Tribunal (Procedure) Rules 2005 (S.I. 2005/230) (“the Principal Rules”) allowing two or more appeals to be heard together also applies to appeals to which the Fast Track Procedure applies (provided that the Fast Track Procedure applies to all of the appeals that are to be heard together).

Rule 3 empowers the Tribunal to consider an appeal without a hearing where the person giving notice of appeal fails to include with the notice of appeal the notice of decision to which the appeal relates, or the Tribunal considers that the reasons for not including it are unsatisfactory. This follows amendments to rules 8 and 15 of the Principal Rules by the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2008 (S.I. 2008/1088 (L.7)).

Rule 4 inserts into Schedule 2 to the Principal Rules an additional immigration reception centre, at Oakington, Cambridgeshire, so that the Fast Track Procedure can apply to a person who is detained at that centre.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.