The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

Citation, commencement, application and interpretation

1.—(1) These Rules may be cited as the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and come into force on 20th October 2014.

(2) They apply to proceedings before the Immigration and Asylum Chamber of the First-tier Tribunal.

(3) The Schedule of Fast Track Rules has effect in the circumstances and in the manner specified in that Schedule.

(4) In these Rules—

“the 1999 Act” means the Immigration and Asylum Act 1999(1);

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

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(2);

“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006;

“the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;

“appealable decision” means a decision from which there is a right of appeal to the Immigration and Asylum Chamber of the First-tier Tribunal;

“appellant” means a person who has provided a notice of appeal to the Tribunal against an appealable decision in accordance with these Rules;

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

“certificate of fee satisfaction” means a certificate of fee satisfaction issued by the Lord Chancellor under article 8 of the Fees Order;

“decision maker” means the maker of a decision against which an appeal is brought;

“dispose of proceedings” includes, unless indicated otherwise, disposing of a part of the proceedings;

“document” means anything in which information is recorded in any form, and an obligation under these Rules to provide or allow access to a document or a copy of a document for any purpose means, unless the Tribunal directs otherwise, an obligation to provide or allow access to such document or copy in a legible form or in a form which can be readily made into a legible form;

“Fast Track Rules” means the rules contained in the Schedule to this statutory instrument;

“the Fees Order” means the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011(3);

“hearing” means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

“the Immigration Acts” means the Acts referred to in section 61 of the UK Borders Act 2007(4);

“party” means—

(a)

an appellant or respondent to proceedings;

(b)

a party to a bail application as provided for in rule 37(3) and 37(4); and

(c)

the UNHCR where notice has been given to the Tribunal in accordance with rule 8(3);

“practice direction” means a direction given under section 23 of the 2007 Act;

“qualified representative” means a person who is a qualified person in accordance with section 84(2) of the 1999 Act;

“respondent” means—

(a)

the decision maker specified in the notice of decision against which a notice of appeal has been provided; and

(b)

a person substituted or added as a respondent in accordance with rule 8.

“Tribunal” means the First-tier Tribunal;

“the UNHCR” means the United Kingdom Representative of the United Nations High Commissioner for Refugees; and

“working day” means any day except—

(a)

a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under section 1 of the Banking and Financial Dealings Act 1971(5); and

(b)

27th to 31st December inclusive.

(5) A rule or Part referred to by number alone, means a rule in, or Part of, these Rules.

(1)

1999 c.33

(2)

2004 c. 19.

(3)

S.I. 2011/2841

(4)

2007 c.30.

(5)

1971 c.80