IMMIGRATION PART I INTRODUCTION Citation, commencement and revocation 1 1 These Rules may be cited as the Asylum Appeals (Procedure) Rules 1993 and shall come into force on 26th July 1993. 2 In the 1984 Rules — a rule 14(2)(b) is hereby revoked; and b in rule 28, for the words “Rule 8(5)” there shall be substituted the words “Rule 8(4)”. Interpretation 2 1 In these Rules— “the 1984 Rules” means the Immigration Appeals (Procedure) Rules 1984 ; “the 1971 Act ” means the Immigration Act 1971; “the 1993 Act ” means the Asylum and Immigration Appeals Act 1993 ; “asylum appeal” means any appeal made under any of the subsections (1) to (4) of section 8 of the 1993 Act (including any further appeal that is made in relation to such an appeal) and shall include any appeal which, by virtue of paragraph 3 of Schedule 2 to that Act, shall be dealt with in the same proceedings as the appeal brought under any of those subsections; “special adjudicator” means an adjudicator designated under section 8(5) of the 1993 Act; and “ the Tribunal ” means the Immigration Appeal Tribunal. 2 In these Rules— a the time by which any act must be done shall be calculated in the manner provided in rule 32; and b an application or an appeal is determined when a decision is made as to whether the application should be granted or the appeal allowed. Application 3 1 These Rules shall apply to all asylum appeals. 2 Subject as provided by these Rules, the 1984 Rules shall not apply to asylum appeals. 3 These Rules shall apply only to asylum appeals brought in respect of decisions made after these Rules have come into force. PART II APPEALS TO SPECIAL ADJUDICATORS Application of Part II 4 This Part applies to asylum appeals to a special adjudicator. Notice of appeal 5 1 Subject to paragraph (2), a person making an asylum appeal (“the appellant”) shall give notice of appeal not later than 10 days after receiving notice of the decision against which he is appealing. 2 The time limit for giving notice of appeal shall be 2 days in a case where— a the appeal is made under section 8(1) of the 1993 Act; b the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation); and c there has been personal service on the appellant of the notice of the decision against which he is appealing. 3 Subject to paragraph (4), notice of appeal shall be given— a by serving on an immigration officer, in the case of an appeal under section 8(1) or (4) of the 1993 Act; and b by serving upon the Secretary of State, in the case of an appeal under section 8(2) or (3) of the 1993 Act, the Form prescribed in the Schedule to these Rules (Form A1) which shall be accompanied by the notice (or a copy of the notice) informing the appellant of the decision against which he is appealing and the reasons for the decision. 4 In any case where an appellant is in custody, service under paragraph (3) may be upon the person having custody of him. 5 Where any notice of appeal is not given within the appropriate time limit, it shall nevertheless be treated for all purposes as having been given within that time limit if the person to whom it was given under paragraph (3) is of the opinion that, by reason of special circumstances, it is just and right for the notice to be so treated. 6 Upon receipt of notice of appeal (whether or not the notice was given within the time limit), the immigration officer or (as the case may be) the Secretary of State shall send to the appellant, to a special adjudicator and to the United Kingdom Representative of the United Nations High Commissioner for Refugees the documents specified in paragraph (3) together with (in the case of the appellant and the special adjudicator only) the original or copies of any notes of interview and of any other document referred to in the decision which is being appealed. 7 A special adjudicator may extend any time limit for giving notice of appeal provided he considers it necessary in the interests of justice. 8 An extension may be made under paragraph (7) notwithstanding that the period prescribed by the time limit has already expired. Notification of hearing 6 1 The special adjudicator shall not later than 5 days after receiving a notice of appeal serve on— a the appellant; b the immigration officer or (as the case may be) the Secretary of State; and c (if he has given notice in accordance with rule 8(2)) the United Kingdom Representative of the United Nations High Commissioner for Refugees a notice of the date, time and place fixed for the hearing of the appeal. 2 The period specified in paragraph (1) shall be 3 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation). Variation of notice of appeal 7 The notice of appeal may, with the leave of the special adjudicator, be varied by the appellant. Parties 8 1 The parties to an appeal shall be the appellant and the Secretary of State. 2 The United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the special adjudicator at any time during the course of the appeal that he desires to be so treated. Determination of appeal 9 1 Subject to rule 31, a special adjudicator shall determine an appeal not later than 42 days after receiving notice of the appeal. 2 The period specified in paragraph (1) shall be 7 days in a case where the appeal is one to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation). 3 Where an appeal is remitted to a special adjudicator by the Tribunal pursuant to rule 17(3), the special adjudicator shall determine the appeal within 42 days of the appeal being so remitted. 4 Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be determined by hearing unless— a the special adjudicator is satisfied, having regard to the material before him or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or b the decision being appealed against has been withdrawn or reversed, and the special adjudicator is satisfied that written notice of the withdrawal or reversal has been given to the appellant. 5 The special adjudicator shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (4)(a) or (b). Adjournment of hearings 10 1 Subject to rule 9(1) and (2), a special adjudicator may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment. 2 Where a hearing is adjourned, the special adjudicator shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing. Promulgation of determination and reasons therefor 11 1 Subject to paragraph (4), the special adjudicator shall, wherever practicable, pronounce the determination and the reasons therefor at the conclusion of the hearing. 2 Subject to paragraph (4), the special adjudicator shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons. 3 A notice sent under paragraph (2) shall not be invalid by virtue of any failure to comply with the time limit prescribed in that paragraph. 4 In an appeal to which paragraph 5 of Schedule 2 to the 1993 Act applies (Secretary of State certifies claim to be without foundation), if the special adjudicator agrees that the claim is without foundation, he shall at the conclusion of the hearing pronounce the determination and the reasons therefor and furnish every party to the appeal with written notice of that determination and reasons. PART III APPEALS TO TRIBUNAL FROM SPECIAL ADJUDICATOR Application of Part III 12 This Part applies to appeals to the Tribunal from the determination of a special adjudicator. Leave to appeal 13 1 An appeal shall be brought only with the leave of the Tribunal. 2 An application for leave to the Tribunal shall be made not later than 5 days after the person making it (“the appellant”) has received notice of the determination against which he wishes to appeal. 3 An application for leave shall be made by serving upon the Tribunal the Form prescribed in the Schedule to these Rules (Form A2) which shall be accompanied by the document (or copy of the document) recording the special adjudicator’s determination. 4 An application for leave shall be determined not later than 5 days after its receipt by the Tribunal. 5 An application for leave shall be determined without a hearing unless the Tribunal considers that there are special circumstances making a hearing necessary or desirable. 6 When an application for leave has been determined, the Tribunal shall forthwith send to the parties to the appeal a notice recording the determination of the application for leave and, where leave to appeal is refused, the reasons for the refusal. Notice of appeal 14 1 The application for leave to appeal shall be deemed to be the appellant’s notice of appeal and may (as such a notice of appeal) be varied by the appellant with the leave of the Tribunal. 2 The Tribunal shall not later than 5 days after leave to appeal has been granted serve on the parties to the appeal a notice of the date, time and place fixed for the hearing. Parties 15 1 The parties to an appeal shall be the persons who were the parties to the appeal before the special adjudicator. 2 Where he would not otherwise be a party by virtue of paragraph (1), the United Kingdom Representative of the United Nations High Commissioner for Refugees shall be treated as a party to an appeal upon giving written notice to the Tribunal at any time during the course of the appeal that he desires to be so treated. Time within which appeal is to be determined 16 Subject to rule 31, every appeal under this Part shall be determined not later than 42 days after the date of service on the Tribunal of the appellant’s notice of appeal. Determination of appeal 17 1 Subject to rule 35 of the 1984 Rules (as applied by these Rules) an appeal shall be disposed of by hearing unless— a the Tribunal is satisfied, having regard to the material before it or to the conduct of the appellant, that the appeal has been abandoned by the appellant; or b the decision which was the subject of the asylum appeal has been withdrawn or reversed, and the Tribunal is satisfied that written notice of the withdrawal or reversal has been given to the appellant. 2 The Tribunal shall determine the appeal without a hearing upon being satisfied in accordance with paragraph (1)(a) or (b). 3 Where the Tribunal considers it appropriate to do so, it may instead of determining the appeal, remit the case to a special adjudicator for determination by him in accordance with any directions given to him by the Tribunal. Adjournment of hearings 18 1 Subject to rule 16, the Tribunal may grant an application for an adjournment of a hearing upon being satisfied that there is good cause for the adjournment. 2 Where a hearing is adjourned, the Tribunal shall give notice either orally or in writing to every party to the proceedings of the time and place of the adjourned hearing. Promulgation of determination and reasons therefor 19 The Tribunal shall record the determination on any appeal, and the reasons therefor, and shall send to every party to the appeal, not later than 10 days after the conclusion of the hearing, written notice of the determination and reasons. PART IV APPEALS FROM TRIBUNAL Application of Part IV 20 This Part applies to applications for leave to appeal, on a question of law, from a final determination of an asylum appeal by the Tribunal. Leave to appeal 21 1 An application to the Tribunal for leave to appeal shall be made not later than 10 days after the party seeking to appeal has received written notice of the determination. 2 An application for leave shall be made by serving upon the Tribunal a notice of application for leave to appeal in the Form prescribed in the Schedule to these Rules (Form A3). 3 An application may be determined by the President or a chairman of the Tribunal acting alone. 4 The Tribunal shall determine the application without a hearing unless it considers that there are special circumstances making a hearing necessary or desirable. 5 The Tribunal shall determine the application, and shall give the parties to the proceedings written notice of the determination and the reasons therefor, not later than 10 days after the Tribunal has received the application. 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 as a bank holiday. Mackay of Clashfern, C. 5th July 1993