The Civil Procedure Rules 1998

[F1 [F2 Scope and interpretation E+W

54.28.— (1) This Section of this Part contains rules about applications to the High Court under section 103A of the Nationality, Immigration and Asylum Act 2002 for an order requiring the Asylum and Immigration Tribunal to reconsider its decision on an appeal.

(2) In this Section—

(a) “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

(b) “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;

(c) “appellant” means the appellant in the proceedings before the Tribunal;

(d) “applicant” means a person applying to the High Court under section 103A;

(e) “asylum claim” has the meaning given in section 113(1) of the 2002 Act;

[F3 (ea) “fast track case” means any case in relation to which an order made under section 26(8) of the 2004 Act provides that the time period for making an application under section 103A(1) of the 2002 Act or giving notification under paragraph 30(5) of Schedule 2 to the 2004 Act is less than 5 days;]

(f) “filter provision” means paragraph 30 of Schedule 2 to the 2004 Act;

(g) “order for reconsideration” means an order under section 103A(1) requiring the Tribunal to reconsider its decision on an appeal;

(h) “section 103A” means section 103A of the 2002 Act;

(i) “Tribunal” means the Asylum and Immigration Tribunal.

(3) Any reference in this Section to a period of time specified in—

(a) section 103A(3) for making an application for an order under section 103A(1); or

(b) paragraph 30(5)(b) of Schedule 2 to the 2004 Act for giving notice under that paragraph,

includes a reference to that period as varied by any order under section 26(8) of the 2004 Act.

(4) Rule 2.8 applies to the calculation of the periods of time specified in—

(a) section 103A(3); and

(b) paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

(5) Save as provided otherwise, the provisions of this Section apply to an application under section 103A regardless of whether the filter provision has effect in relation to that application.]]

Textual Amendments

F1 Pt. 54 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rule 1, Sch. (with rule 30)

F2 Pt. 54 Section 3 inserted (4.4.2005) by The Civil Procedure (Amendment) Rules 2005 (S.I. 2005/352), rule 1(1), Sch. Pt. 2 (with rule 9)

F3 Rule 54.28(2)(ea) inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 12(a)