The Asylum Appeals (Procedure) Rules 1993

PART V GENERAL PROCEDURE

Application of Part V

22.—(1) This Part applies to—

(a) proceedings to which Part II applies (appeals to special adjudicator);

(b) proceedings to which Part III applies (appeals to the Tribunal from special adjudicator);

(c) proceedings to which Part IV applies (applications for leave to appeal from the Tribunal); and

(d) applications for bail.

(2) Rule 18 of the 1984 Rules shall apply to this Part as it applies to Part III of the 1984 Rules.

(3) Rules 23, 25 to 36, 37 (except paragraph (a)), 38, 40 to 42, 44 and 45 of the 1984 Rules (as applied by this Part) shall apply to this Part as they apply to Part IV of the 1984 Rules.

(4) In the 1984 Rules applied by paragraphs (2) and (3)—

(a) references to “adjudicator” (other than the reference in rule 33(1) to the chief adjudicator) shall be taken to be references to a special adjudicator; and

(b) references to “appellate authority” shall be taken to be references to a special adjudicator or the Tribunal.

(5) Rules 23 to 28 amend the application of the 1984 Rules for the purposes of this Part.

Conduct of proceedings at hearings

23.  —In rule 28 of the 1984 rules, the words “and after complying where appropriate with the provisions of Rule 8(4) or 11(3)” shall be omitted.

Burden of proof

24.  —In rule 31 of the 1984 Rules, the reference in paragraphs (1) and (2) to “the Act” shall be taken to include a reference to the 1993 Act.

Hearing of appeal in absence of appellant or other party

25.  —In rule 34 of the 1984 Rules—

(a) the reference in paragraph (2) to rule 24 (of the 1984 Rules) shall be taken to be a reference to rules 6 and 10(2) of these Rules (in the case of a hearing before a special adjudicator) and to rules 14(2) and 18(2) of these Rules (in the case of a hearing before the Tribunal); and

(b) paragraph (5)(a) shall be omitted.

Summary determination of appeals

26.  —In rule 35 of the 1984 Rules, the reference in paragraph (1) to “previous proceedings” shall be treated as including proceedings under the 1993 Act.

Performance of functions of Tribunal

27.  —In rule 42 of the 1984 Rules—

(a) sub-paragraph (c)(i) shall be omitted;

(b) the reference in sub-paragraph (c)(ii) to rule 21(1) shall be taken to be a reference to rule 17(3) of these Rules; and

(c) paragraph (c) shall be construed as if it included a reference to rule 31 of these Rules (Tribunal’s power to extend time limit).

Notices etc

28.  —In rule 44(1) of the 1984 Rules—

(a) in paragraph (c) for the words “to the Immigration and Nationality Department (Appeals Section)” there shall be substituted the words “to the Appeals Support Section of the Asylum Division”; and

(b) paragraph (d) shall be omitted.

Mixed appeals

29.—(1) This rule applies in any case where a person (“the appellant”) is appealing to a special adjudicator or to the Tribunal in relation to any of the grounds mentioned in subsections (1) to (4) of section 8 of the 1993 Act (“the section 8 appeal”) and is also appealing to an adjudicator or to the Tribunal in relation to other grounds under Part II of the 1971 Act (“the Part II appeal”).

(2) Where the appellant lodges his Part II appeal before his section 8 appeal has been determined by a special adjudicator or (as the case may be) the Tribunal, the special adjudicator or the Tribunal shall deal with both appeals in the same proceedings.

(3) Where the appellant lodges his section 8 appeal before his Part II appeal has been determined by an adjudicator or (as the case may be) the Tribunal, the special adjudicator or (as the case may be) the Tribunal dealing with his section 8 appeal shall deal with both appeals in the same proceedings.

(4) These Rules (so far as they relate to appeals to special adjudicators and to the Tribunal) shall apply to the Part II appeal as if that appeal had been a section 8 appeal and shall continue so to apply even if the section 8 appeal is determined before the Part II appeal.

(5) Nothing in paragraph (4) shall—

(a) prejudice any steps taken under the 1984 Rules before the appellant lodged the section 8 appeal; or

(b) require any step to be taken under these Rules which is analogous to a step already taken under the 1984 Rules.

(6) An adjudicator, a special adjudicator or the Tribunal may adjourn a section 8 appeal or a Part II appeal so far as is necessary or expedient for complying with a requirement in this rule to deal with both appeals in the same proceedings.

(7) For the purposes of this rule, a person shall be taken to be appealing if he has given a notice of appeal in accordance with these Rules (in the case of a section 8 appeal) or in accordance with the 1984 Rules (in the case of a Part II appeal) and, in either case, the appeal has not yet been determined.

Deemed grant of application

30.  Where the Tribunal fails to determine any application for leave under rule 13 within the time prescribed, the application shall be deemed to have been granted.

Extension of time limit

31.—(1) Where under these Rules—

(a) a special adjudicator or the Tribunal is required to determine an appeal; or

(b) the Tribunal is required to provide written notification of the determination (and the reasons therefor)

at or within a time prescribed, the special adjudicator or (as the case may be) the Tribunal may if necessary extend the time so prescribed either to enable it fairly to determine the appeal or (as the case may be) to provide the notification.

(2) An extension may be made notwithstanding that the time prescribed by the time limit in any case has already expired.

Time

32.—(1) Subject to paragraph (2), any notice or other document that is sent or served under these Rules shall be deemed to have been received—

(a) where the notice or other document is sent by post, on the second day after which it was sent; and

(b) in any other case, on the day on which the notice or other document was served.

(2) Where under these Rules a notice or other document is sent by post to a special adjudicator or to the Tribunal, it shall be deemed to have been received on the day on which it was in fact received by the special adjudicator or, as the case may be, by the Tribunal.

(3) For the purpose of these Rules, a notice or other document is received by a special adjudicator or by the Tribunal when it is received by any person employed as a clerk to the special adjudicator or Tribunal.

(4) Where under these Rules, an act is to be done not later than a specified period after any event, the period shall be calculated from the expiry of the day on which the event occurred.

(5) Where the time provided by these Rules by which any act must be done expires on a Saturday, Sunday or a bank holiday, Christmas Day or Good Friday, the act shall be done in time if done on the next working day.

(6) Where, apart from this paragraph, the period in question being a period of 10 days or less would include a Saturday, Sunday or bank holiday, Christmas Day or Good Friday, that day shall be excluded.

(7) In this rule, “bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971(1) as a bank holiday.

(1)

1971 c. 80.