The Immigration Appeals (Procedure) (Amendment) Rules 1993

Made: 5th July 1993

Laid before Parliament: 5th July 1993

Coming into force: 26th July 1993

The Lord Chancellor, in exercise of the powers conferred by section 22 of, and paragraph 25 of Schedule 2 to, the Immigration Act 1971[^f00001] and now vested in him [^f00002], after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 [^f00003], hereby makes the following Rules:

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Immigration Appeals (Procedure) (Amendment) Rules 1993 and shall come into force on 26th July 1993.

• (2) In these Rules, “the 1984 Rules” means the Immigration Appeals (Procedure) Rules 1984 [^f00004].

Appeals from Immigration Appeal Tribunal

2

After Part III of the 1984 Rules there shall be inserted the following—

(21A) This Part applies to applications for leave to appeal on any question of law from a final determination of the Tribunal made under section 20 of the Act. (21B) (1) An application to the Tribunal for leave to appeal shall be made not later than 14 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 Form 4. (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 give the parties to the proceedings written notice of the determination and of the reasons therefor.

Application of Part IV of the 1984 Rules

3

In Rule 22 (application of Part IV) after paragraph (1) there shall be inserted the following—

(1A) Rules 23 and 26 shall apply in relation to an application for leave under Part IIIA.

Form of notice of application for leave to appeal

4

The form set out in the Schedule to these Rules shall be added as Form 4 to the forms in the Schedule to the 1984 Rules.

SCHEDULE — FORM 4

Signed

Mackay of Clashfern, C. — 5th July 1993

Explanatory note

(This note is not part of the Rules)

These Rules amend the Immigration Appeals (Procedure) Rules 1984 (S.I. 1984/2041) so as to prescribe the procedure to be followed in connection with applications for leave to appeal to the Court of Appeal (or to the Court of Session) against the final determination of the Immigration Appeal Tribunal of an appeal against a decision made under the Immigration Act 1971. The right to bring such an appeal is provided by section 9 of the Asylum and Immigration Appeals Act 1993. The procedure to be followed in connection with the making of other appeals against decisions made under the Immigration Act 1971 is prescribed in those 1984 Rules.

The procedure to be followed in connection with the making of appeals under the Asylum and Immigration Appeals Act 1993 is contained in the Asylum Appeals (Procedure) Rules 1993.

Footnotes

[^f00001]: 1971 c. 77; section 22 was extended by the Asylum and Immigration Appeals Act 1993 (c. 23), section 9(4).

[^f00002]: The Transfer of Functions (Immigration Appeals) Order 1987, S.I. 1987/465.

[^f00003]: 1992 c. 53.

[^f00004]: S.I. 1984/2041, amended by S.I. 1991/1545.