Citation and commencement

1

(1)    These rules may be cited as the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules 2007.

(2)    These Rules shall come into force on 10th April 2007.

NOTES
Initial Commencement
Specified date

Specified date: 10 April 2007: see para (2) 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 19(1) of the Asylum and Immigration Tribunal (Procedure) Rules 2005—

(a)    for “must”, substitute “may”;

(b)    omit “the party or his representative”;

(c)    insert at the beginning of sub-paragraph (a) “the party or his representative”; and

(d)    for sub-paragraph (b), substitute “(b) there is no good reason for such absence.”.

NOTES
Initial Commencement
Specified date

Specified date: 10 April 2007: see r 1(2).

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3

3

At the end of rule 62(7) of the Asylum and Immigration Tribunal (Procedure) Rules 2005, insert “, unless the Tribunal directs otherwise.”.

NOTES
Initial Commencement
Specified date

Specified date: 10 April 2007: see r 1(2).

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Signature

Bridget Prentice

Parliamentary Under Secretary of State

Department for Constitutional Affairs

14th March 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), which came into force on 4th April 2005.

They amend rule 19 to give the Asylum and Immigration Tribunal a discretion to determine an appeal in the absence of a party or his representative if it is satisfied that the party or his representative has been given notice of the date, time and place of the hearing and that there is no good reason for the absence. Previously, the Tribunal was under a duty to determine the hearing in the absence of the party or his representative where rule 19 applied, and the explanation for the absence had to be given by the party or the representative.

They amend rule 62(7) to provide that the Asylum and Immigration Tribunal may permit a party to amend his grounds of appeal in a reconsideration hearing which takes place in circumstances where the party was granted permission to appeal by the Immigration Appeal Tribunal, but the appeal had not been determined by 4th April 2005.

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