The Immigration and Asylum Appeals (Procedure) (Amendment) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Immigration and Asylum Appeals (Procedure) Rules 2000 (S.I. 2000/2333). The main amendments are to provide that it is the Secretary of State who arranges for documents to be sent to the parties in two particular circumstances.

Firstly, amendments are made to rule 15 to provide that the Secretary of State arranges for the service of the adjudicator’s determination where,

• the determination is in relation to a claim for asylum,

• the claim has been certified by the Secretary of State under paragraph 9(1) of Schedule 4 to the Immigration and Asylum Act 1999,

• the adjudicator has agreed, under paragraph 9(2) of Schedule 4, that it is a claim to which paragraph 9 applies, and

• the adjudicator has dismissed the appeal.

In relation to this amendment, consequential amendments have been made to rule 16.

Secondly, rule 18 is amended to provide that the Secretary of State arranges for the service of a decision of the Tribunal to refuse leave to appeal where,

• the application for leave to appeal relates to a claim for asylum, and

• the appellant is not the Secretary of State.

In relation to this amendment, consequential amendments have been made to rule 19.

In addition these Rules make amendments to correct and clarify rules 2, 7, 22 and 33.