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| "One-stop" appeals: asylum claims. |
57. - (1) This section applies in relation to an appeal brought on any of the grounds mentioned in section 51.
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(2) The special adjudicator considering the appeal must also consider any additional grounds-
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(a) which the appellant may have for appealing against the refusal, variation, decision or directions in question under any other provision of this Part; and |
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(b) which he is not prevented (by any provision of section 56) from relying on. |
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(3) The special adjudicator may take into account any evidence-
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(a) which was not available to the Secretary of State when the decision appealed against was taken; and |
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(b) which he considers relevant to the appeal. |
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(4) The Secretary of State may by regulations make further provision with respect to appeals in relation to which additional grounds are to be considered under this section.
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(5) "Additional grounds", in relation to an appeal, means any grounds specified in a notice given to the Secretary of State under section 55(3) other than those on which the appeal has been brought.
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| "One-stop" appeals: other cases. |
58. - (1) This section applies in relation to any appeal against the refusal of an application for leave to enter or remain in the United Kingdom.
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(2) If, in response to a notice served on the appellant under section 55-
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(a) the appellant notifies the Secretary of State of any additional grounds, but |
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(b) the Secretary of State refuses the appellant's application for leave, |
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the adjudicator or Tribunal dealing with the appeal must consider those additional grounds and may allow the appeal on any of them.
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(3) The Secretary of State may by regulations make further provision with respect to appeals in relation to which additional grounds are to be considered under this section.
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(4) "Additional grounds", in relation to an appeal, means any grounds specified in a notice given to the Secretary of State under section 55(3) other than those on which the appeal has been brought.
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(5) If any additional ground has been considered by an adjudicator or by the Tribunal under this section, no subsequent appeal against a refusal to grant an application for leave to enter the United Kingdom or for leave to remain in the United Kingdom may be made by the appellant or by any member of his family on that ground.
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Appeals without merit |
| Penalty on continuing an appeal without merit. |
59. - (1) If, at any time before it determines an appeal, the Immigration Appeal Tribunal considers that the appeal has no merit it may notify the appellant of its opinion.
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(2) A notice under subsection (1) must-
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(a) include an explanation of the Tribunal's powers under this section; and |
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(b) be made in such form as may be required by rules made under paragraph 15 of Schedule 4. |
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(3) Subsection (1) does not apply if leave for appeal to the Tribunal was required.
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(4) Subsection (5) applies if an appeal which has been continued by the appellant after he has been given a notice under subsection (1) is dismissed.
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(5) The Tribunal may impose on the appellant, or on his representative, a penalty of the specified amount.
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(6) "Specified" means specified by an order made by the Lord Chancellor.
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(7) The Lord Chancellor may by order make such provision as he considers appropriate as to the enforcement, payment and application of penalties imposed under this section.
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(8) Such an order may, in particular, make provision similar to that made by sections 129 and 130 of the County Courts Act 1984.
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(9) An order imposing a penalty under subsection (5) may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
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Grants |
| Grants to voluntary organisations. |
60. - (1) The Secretary of State may, with the approval of the Treasury, make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Act.
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(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
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