Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Section 26

SCHEDULE 1 New Schedule 4 to the Nationality, Immigration and Asylum Act 2002

“Schedule 4 The Asylum and Immigration Tribunal

Membership

1 The Lord Chancellor shall appoint the members of the Asylum and Immigration Tribunal.

2 (1) A person is eligible for appointment as a member of the Tribunal only if he—

(a) has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),

(b) is an advocate or solicitor in Scotland of at least seven years' standing,

(c) is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least seven years' standing,

(d) in the Lord Chancellor’s opinion, has legal experience which makes him as suitable for appointment as if he satisfied paragraph (a), (b) or (c), or

(e) in the Lord Chancellor’s opinion, has non-legal experience which makes him suitable for appointment.

(2) A person appointed under sub-paragraph (1)(a) to (d) shall be known as a legally qualified member of the Tribunal.

3 (1) A member—

(a) may resign by notice in writing to the Lord Chancellor,

(b) shall cease to be a member on reaching the age of 70, and

(c) otherwise, shall hold and vacate office in accordance with the terms of his appointment (which may include provision—

(i) about the training, appraisal and mentoring of members of the Tribunal by other members, and

(ii) for removal).

(2) Sub-paragraph (1)(b) is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c. 8) (extension to age 75).

4 The Lord Chancellor may by order make provision for the title of members of the Tribunal.

Presidency

5 (1) The Lord Chancellor shall appoint—

(a) a member of the Tribunal, who holds or has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876 (c. 59), as President of the Tribunal, and

(b) one or more members of the Tribunal as Deputy President.

(2) A Deputy President—

(a) may act for the President if the President is unable to act or unavailable, and

(b) shall perform such functions as the President may delegate or assign to him.

Proceedings

6 The Tribunal shall sit at times and places determined by the Lord Chancellor.

7 (1) The jurisdiction of the Tribunal shall be exercised by such number of its members as the President, having regard to the complexity and other circumstances of particular cases or classes of case, may direct.

(2) A direction under this paragraph—

(a) may relate to the whole or part of specified proceedings or to the whole or part of proceedings of a specified kind,

(b) may enable jurisdiction to be exercised by a single member,

(c) may require or permit the transfer of the whole or part of proceedings—

(i) from one member to another,

(ii) from one group of members to another,

(iii) from one member to a group of members, or

(iv) from a group of members to one member,

(d) may be varied or revoked by a further direction, and

(e) is subject to rules under section 106.

8 (1) The President may make arrangements for the allocation of proceedings to members of the Tribunal.

(2) Arrangements under this paragraph—

(a) may permit allocation by the President or another member of the Tribunal,

(b) may permit the allocation of a case to a specified member or to a specified class of member,

(c) may include provision for transfer, and

(d) are subject to rules under section 106.

Staff

9 The Lord Chancellor may appoint staff for the Tribunal.

Money

10 The Lord Chancellor—

(a) may pay remuneration and allowances to members of the Tribunal,

(b) may pay remuneration and allowances to staff of the Tribunal, and

(c) may defray expenses of the Tribunal.

11 The Lord Chancellor may pay compensation to a person who ceases to be a member of the Tribunal if the Lord Chancellor thinks it appropriate because of special circumstances.”