Citation and commencement

1

These Rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment No 2) Rules 2007 and come into force on 1st December 2007.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see above.

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Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 2005

2

Amendments to the Asylum and Immigration Tribunal (Procedure) Rules 20052

In rule 27 of the Asylum and Immigration Tribunal (Procedure) Rules 2005—

(a)    in paragraph (3), after “paragraph” insert “(3A) or”;

(b)    after paragraph (3) insert—

“(3A)    In reviews of appeals under sections 83 and 83A of the 2002 Act, the Tribunal must—

(a)    within a reasonable time, serve a copy of the notice of decision and any directions on every party to the appeal; and

(b)    where the immigration judge makes an order for reconsideration, serve on the party to the appeal other than the party who made the section 103A application a copy of the application notice and any documents which were attached to it.”;

(c)    in paragraph (5)(a) after “must” insert “, within a reasonable time,”.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see r 1.

Civil Procedure & Administration of Justice98 Boards & Tribunals98

3

3

After rule 49 of the Asylum and Immigration Tribunal (Procedure) Rules 2005 insert—

“Interpreters49A

An appellant is entitled to the services of an interpreter—

(a)    when giving evidence; and

(b)    in such other circumstances as the Tribunal considers necessary.”.

NOTES
Initial Commencement
Specified date

Specified date: 1 December 2007: see r 1.

Civil Procedure & Administration of Justice98 Boards & Tribunals98

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

6th November 2007

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Rules)

These Rules amend the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230) to give effect to Article 10(2) of Council Directive 2005/85/EC of 1st December 2005 laying down minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ L326, 13/12/2005, p 13). They provide that decisions on applications for reconsideration to which the Directive applies must be served within a reasonable time and make express provision for the existing practice whereby an appellant may have an interpreter in certain circumstances.

Civil Procedure & Administration of Justice99 Boards & Tribunals99