PART 2Asylum
Priority removal notices
I122Late compliance with priority removal notice: damage to credibility
1
This section applies where—
a
a PRN recipient provided material in response to the priority removal notice served on them,
b
the material was provided late, and
c
a relevant decision is being made.
2
This section also applies where—
a
a PRN recipient provided material to the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) or the Special Immigration Appeals Commission,
b
the material should have been provided in response to the priority removal notice served on the PRN recipient but was not,
c
the material was provided late, and
d
a relevant decision is being made.
3
A “relevant decision” is being made if—
a
a protection claim or a human rights claim made by the PRN recipient is being considered, or
b
a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the PRN recipient (decisions concerning status as victim of slavery or human trafficking).
4
In determining whether to believe a statement made by or on behalf of the PRN recipient, a deciding authority must take account, as damaging the PRN recipient’s credibility, of the late provision of the material, unless there are good reasons why it was provided late.
5
Tribunal Procedure Rules must secure that, where the First-tier Tribunal or the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) is making a decision that disposes of proceedings, it must include, as part of its reasons for the decision, a statement explaining—
a
whether it considers that this section applies, and
b
if it considers that this section does apply, how, in making its decision, it has taken account of the fact that the PRN recipient provided the material late.
6
Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the Special Immigration Appeals Commission is making a decision that determines proceedings, it must include, as part of its reasons for the decision, a statement explaining the matters mentioned in subsection (5)(a) and (b).
7
For the purposes of this section, material is provided “late” by the PRN recipient if it is provided on or after the PRN cut-off date.
8
In subsection (4) “deciding authority”—
a
in relation to a decision mentioned in subsection (3)(a) means—
i
the Secretary of State,
ii
an immigration officer,
iii
the First-tier Tribunal,
iv
the Upper Tribunal in the circumstances described in subsection (9), or
v
the Special Immigration Appeals Commission;
b
in relation to a decision mentioned in subsection (3)(b), means the competent authority.
9
The circumstances are when the Upper Tribunal is acting—
a
under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), 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 that involves a protection claim or a human rights claim.
10
In this section—
“competent authority”, “conclusive grounds decision” and “reasonable grounds decision” have the same meanings as in Part 5;
“priority removal notice”, “PRN cut-off date”, “PRN recipient” and “relevant status information” have the same meanings as in section 20.
11
Section 26 makes further provision about the effect of a PRN recipient providing evidence late.