The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2011

Amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008

4.  In rule 1(3) (interpretation) after the definition of “financial services case” insert—

““fresh claim proceedings” means judicial review proceedings which call into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002(1) wholly or partly on the basis that they are not significantly different from material that has previously been considered, and which have been begun in or transferred to the Upper Tribunal pursuant to a direction made by the Lord Chief Justice of England and Wales for the purposes of section 18(6) of the 2007 Act (2);”.

(1)

2002 c.41. An “asylum claim” and a “human rights claim” are defined in section 113 of the 2002 Act. Amendments to those definitions made by section 62(1) of the Immigration, Asylum and Nationality Act 2006 have not been commenced.

(2)

The Lord Chief Justice’s direction for the time being in force can be found at http://www.judiciary.gov.uk/publications-and-reports/practice-directions/tribunals/tribunals-pd