The Asylum and Immigration Tribunal (Procedure) Rules 2005

Orders for funding on reconsideration

33.—(1) This rule applies where—

(a) the Tribunal has reconsidered an appeal following a section 103A application made by the appellant in relation to an appeal decided in England, Wales or Northern Ireland; and

(b) the appellant’s representative has specified that he seeks an order under section 103D of the 2002 Act for his costs to be paid out of the relevant fund.

(2) The Tribunal must make a separate determination (“the funding determination”) stating whether it orders that the appellant’s costs—

(a) in respect of the application for reconsideration; and

(b) in respect of the reconsideration,

are to be paid out of the relevant fund.

(3) The Tribunal must send the funding determination to—

(a) the appellant’s representative; and

(b) if the Tribunal has made an order under section 103D, the relevant funding body.

(4) Where the determination of the reconsidered appeal (“the principal determination”) is served in accordance with rule 23, the Tribunal must not send the funding determination to the appellant’s representative until—

(a) the respondent has notified the Tribunal under rule 23(5)(b) that it has served the principal determination on the appellant; or

(b) the Tribunal has served the principal determination on the appellant under rule 23(6).

(5) In this Rule—

(a) “relevant fund” means—

(i) in relation to an appeal decided in England or Wales, the Community Legal Service Fund established under section 5 of the Access to Justice Act 1999(1);

(ii) in relation to an appeal decided in Northern Ireland, the fund established under paragraph 4(2)(a) of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003(2); and

(b) “relevant funding body” means—

(i) in relation to an appeal decided in England or Wales, the Legal Services Commission;

(ii) in relation to an appeal decided in Northern Ireland, the Northern Ireland Legal Services Commission.

(1)

1999 c. 22.

(2)

S.I. 2003/435 (N.I. 10).