Nationality and Borders Act 2022 (c. 36)

SCHEDULES

Section 23

SCHEDULE 3 Expedited appeals where priority removal notice served: consequential amendments

1 The Nationality, Immigration and Asylum Act 2002 is amended in accordance with paragraphs 2 to 6.

2 In section 85 (matters to be considered on appeal)—

(a) in subsections (1), (2) and (4), after “the Tribunal” insert “or the Upper Tribunal”;

(b) in subsection (5)—

(i) after “the Tribunal”, in the first place it appears, insert “or the Upper Tribunal”;

(ii) for “the Tribunal”, in the second place it appears, substitute “the tribunal concerned”.

3 In section 86 (determination of appeal), in subsection (2), after “the Tribunal” insert “or the Upper Tribunal”.

4 In section 106 (tribunal procedure rules), in subsections (3) and (4), after “the Tribunal” insert “or the Upper Tribunal”.

5 In section 107 (practice directions)—

(a) before subsection (3) insert—

“(2A) Subsection (3) applies to—

(a) proceedings under section 82 in the Tribunal or proceedings in the Upper Tribunal arising out of such proceedings;

(b) proceedings under section 82 in the Upper Tribunal (see section 82A and section 24 of the Nationality and Borders Act 2022).”;

(b) in subsection (3), for the words from “under section 82” to “such proceedings” substitute “to which this subsection applies”.

6 In section 108 (forged document: proceedings in private), in subsection (2), after “The Tribunal” insert “or the Upper Tribunal”.

7 In section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility), in subsection (9A)—

(a) for the words from the beginning to “subsection (7) the” substitute “In this section a”;

(b) after “acting” insert “—

(a)” ;

(c) at the end insert “, or

(b) in relation to—

(i) an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or

(ii) an expedited related appeal within the meaning of section 24 of the Nationality and Borders Act 2022 that involves an asylum claim or a human rights claim.”