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Asylum and Immigration Tribunal: Consequential Amendments and |
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Appellate Jurisdiction Act 1876 (c. 59) |
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1 | After section 3 of the Appellate Jurisdiction Act 1876 (House of Lords: |
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appellate jurisdiction) insert— |
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“3A | No appeal against asylum or immigration ruling |
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Section 3 is subject to section 108B(6) of the Nationality, Immigration |
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and Asylum Act 2002 (c. 41) (no appeal from appellate court in |
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reference from Asylum and Immigration Tribunal).” |
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Immigration Act 1971 (c. 77) |
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2 (1) | Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended |
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(2) | In the following provisions for “adjudicator” (or “an adjudicator” or “the |
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adjudicator”) substitute “the Asylum and Immigration Tribunal”— |
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(a) | paragraph 22(1A), (2) and (3), |
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(b) | paragraph 23(1) and (2), |
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(3) | In paragraph 24(3) for “An adjudicator, justice of the peace or sheriff before |
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whom a person is brought by virtue of sub-paragraph (2)(a) above” |
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substitute “Where a person is brought before the Asylum and Immigration |
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Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph |
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(2)(a), the Tribunal, justice of the peace or sheriff”. |
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(a) | in sub-paragraph (2) for “an adjudicator or the Immigration Appeal |
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Tribunal” substitute “the Asylum and Immigration Tribunal”, |
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(b) | in sub-paragraph (3)— |
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(i) | for “An adjudicator” substitute “The Asylum and |
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(ii) | for “that or any other adjudicator” substitute “the Tribunal”, |
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(iii) | omit the words from “and where an adjudicator dismisses” to |
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(c) | omit sub-paragraph (4), and |
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(d) | in sub-paragraph (6)— |
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(i) | for “an adjudicator or the Tribunal” substitute “the Asylum |
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and Immigration Tribunal”, |
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(ii) | for “the adjudicator or Tribunal” substitute “the Tribunal”, |
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(iii) | for “the adjudicator or the Tribunal” substitute “the |
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(5) | In paragraphs 30, 31, 32 and 33— |
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(a) | for “an adjudicator and the Tribunal” substitute “the Tribunal”, |
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(b) | for “an adjudicator or the Tribunal” substitute “the Tribunal”, |
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(c) | for “the adjudicator or the Tribunal, as the case may be” substitute |
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(d) | for “the adjudicator or Tribunal” substitute “the Tribunal”, |
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(e) | for “the adjudicator or the Tribunal” substitute “the Tribunal”, |
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(f) | for “an adjudicator or Tribunal” substitute “the Tribunal”, and |
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(g) | for “before an adjudicator or before the Tribunal” substitute “before |
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(a) | in sub-paragraph (2)(a) for “before an adjudicator” substitute “before |
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(b) | in sub-paragraph (2)(b) for “before that adjudicator or before the |
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Tribunal, as the case may be” substitute “before it”, and |
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(c) | in sub-paragraph (3) for “An adjudicator, justice of the peace or |
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sheriff before whom a person is brought by virtue of sub-paragraph |
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(2)(a) above” substitute “Where a person is brought before the |
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Asylum and Immigration Tribunal, a justice of the peace or the |
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sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the |
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House of Commons Disqualification Act 1975 (c. 24) |
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3 (1) | Schedule 1 to the House of Commons Disqualification Act 1975 |
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(disqualifying offices) shall be amended as follows. |
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(2) | In Part II for the entry relating to the Immigration Appeal Tribunal |
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| “The Asylum and Immigration Tribunal.” |
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(3) | In Part III omit the entry relating to immigration adjudicators. |
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Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
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4 (1) | Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 |
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(disqualifying offices) shall be amended as follows. |
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(2) | In Part II for the entry relating to the Immigration Appeal Tribunal |
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| “The Asylum and Immigration Tribunal.” |
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(3) | In Part III omit the entry relating to immigration adjudicators. |
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British Nationality Act 1981 (c. 61) |
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5 | In section 40A of the British Nationality Act 1981 (deprivation of citizenship: |
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(a) | in subsection (1) for “an adjudicator appointed under section 81 of |
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the Nationality, Immigration and Asylum Act 2002 (immigration |
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appeal)” substitute “the Asylum and Immigration Tribunal”, and |
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(b) | omit subsections (3) to (5). |
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Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) |
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6 (1) | For paragraph 6A of Part 1 of Schedule 1 to the Legal Aid, Advice and |
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Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid |
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may be given under Part II of that Order) substitute— |
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“6A. | Proceedings before the Asylum and Immigration Tribunal or the |
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Special Immigration Appeals Commission.” |
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(2) | The amendment made by sub-paragraph (1) is without prejudice to any |
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power to amend or revoke the provision inserted by that sub-paragraph. |
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Courts and Legal Services Act 1990 (c. 41) |
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7 | In Schedule 11 to the Courts and Legal Services Act 1990 (judges barred from |
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legal practice) for the entries relating to the Immigration Appeal Tribunal |
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and immigration adjudicators substitute— |
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| “President or other member of the Asylum and Immigration |
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Tribunals and Inquiries Act 1992 (c. 53) |
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8 (1) | The Tribunals and Inquiries Act 1992 shall be amended as follows. |
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(2) | In section 7 (dismissal) omit subsection (3). |
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(3) | In Schedule 1 (tribunals under supervision of Council) for the entry for |
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immigration appeals substitute— |
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| | 22. The Asylum and Immigration |
| | | | | Tribunal constituted under section 81 |
| | | | | of the Nationality, Immigration and |
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Judicial Pensions and Retirement Act 1993 (c. 8) |
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9 (1) | The Judicial Pensions and Retirement Act 1993 shall be amended as follows. |
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(2) | In Schedule 1 (qualifying judicial offices) for the entries relating to the |
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Immigration Appeal Tribunal and immigration adjudicators substitute (in |
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the place occupied by the first of those entries)— |
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| “President or other member of the Asylum and Immigration |
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(3) | In Schedule 5 (retirement: relevant offices) for the entries relating to the |
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Immigration Appeal Tribunal and immigration adjudicators substitute— |
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| “President or other member of the Asylum and Immigration |
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Asylum and Immigration Appeals Act 1993 (c. 23) |
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10 | Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall |
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Special Immigration Appeals Commission Act 1997 (c. 68) |
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11 | The Special Immigration Appeals Commission Act 1997 shall be amended as |
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12 (1) | In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute— |
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“(b) | at least one is or has been a member of the Asylum and |
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(2) | A person is qualified for the purposes of paragraph 5(b) of that Schedule as |
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it has effect after the commencement of sub-paragraph (1) above if he is |
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qualified for the purposes of paragraph 5(b) as it had effect at any time since |
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13 (1) | Schedule 3 (bail) shall be amended as follows. |
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(2) | In paragraph 1(2) for ““adjudicator”” substitute ““Tribunal””. |
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(3) | In paragraph 1(3)(a) for “adjudicator”” substitute “the Asylum and |
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(4) | In paragraph 1(3)(b) for “adjudicator”” substitute “the Asylum and |
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(5) | In paragraph 1(4)(a) and (b) for “adjudicator”” substitute “the Asylum and |
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(6) | In paragraph 2(2)(a) for ““an adjudicator”” substitute ““the Asylum and |
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(7) | In paragraph 2(2)(b) for ““the adjudicator”” substitute ““the Asylum and |
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(8) | In paragraph 2(3)(a) for ““an adjudicator”” substitute ““the Asylum and |
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(9) | In paragraph 2(3)(b) for ““the adjudicator”” substitute ““the Asylum and |
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(10) | In paragraph 6(2)(a) for ““an adjudicator or the Tribunal”” substitute ““the |
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(11) | In paragraph 6(2)(b) for ““the adjudicator or the Tribunal, as the case may |
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be,”” substitute ““the Tribunal””. |
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(12) | In paragraph 6(2)(c) for ““the adjudicator or Tribunal”” substitute ““the |
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(13) | In paragraph 6(3)(a) for ““an adjudicator or the Tribunal”” substitute ““the |
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(14) | In paragraph 6(3)(b) for ““the adjudicator or Tribunal”” substitute ““the |
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(15) | In paragraph 7(a) for ““an adjudicator or the Tribunal”” substitute ““the |
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(16) | In paragraph 7(b) for ““the adjudicator or Tribunal”” substitute ““the |
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(17) | In paragraph 7(c) for ““the adjudicator or the Tribunal”” substitute ““the |
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Access to Justice Act 1999 (c. 22) |
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14 | For paragraph 2(1)(h) of Schedule 2 to the Access to Justice Act 1999 |
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(Community Legal Service: excluded services) substitute— |
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“(h) | the Asylum and Immigration Tribunal,”. |
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Immigration and Asylum Act 1999 (c. 33) |
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15 | In section 156(3) of the Immigration and Asylum Act 1999 (escorts and |
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custody) for paragraphs (a) and (b) substitute— |
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“(a) | the Asylum and Immigration Tribunal;”. |
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Nationality, Immigration and Asylum Act 2002 (c. 41) |
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16 | The Nationality, Immigration and Asylum Act 2002 shall be amended as |
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17 | In section 72(10) (serious criminal) omit “adjudicator,”. |
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18 (1) | In the provisions listed in sub-paragraph (2)— |
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(a) | for “an adjudicator” substitute “the Tribunal”, |
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(b) | for “the adjudicator” substitute “the Tribunal”, |
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(c) | for “he” in relation to an adjudicator substitute “it”, and |
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(d) | for “his” in relation to an adjudicator substitute “its”. |
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(a) | section 85 (matters to be considered), |
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(b) | section 86 (determination of appeal), and |
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(c) | section 87 (successful appeal: direction). |
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(a) | for subsection (3) substitute— |
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“(3) | But a direction under this section shall not have effect— |
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(a) | while a review under section 105A has been |
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requested and not completed, or |
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(b) | where the appeal having been determined is again |
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awaiting determination as the result of an order for |
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re-hearing made on a review under section 105A.”, |
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20 | In section 104 (pending appeal)— |
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(a) | for subsection (2) substitute— |
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“(2) | An appeal under section 82(1) is not finally determined for |
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the purposes of subsection (1)(b)— |
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(a) | while a review under section 105A has been |
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requested and not completed, or |
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(b) | where the appeal having been determined is again |
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awaiting determination as the result of an order for |
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re-hearing made on a review under section 105A.”, |
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(b) | omit subsection (3) (remittal to adjudicator). |
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21 | In section 106 (rules)— |
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(a) | in subsection (1)(a) for “, 83 or 101” substitute “or 83 or by virtue of |
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(b) | in subsection (1)(b) for “, 83, 101(1) or 103” substitute “or 83 or by |
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(c) | after subsection (1) insert— |
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“(1A) | In making rules under subsection (1) the Lord Chancellor |
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(a) | that the rules are designed to ensure that proceedings |
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before the Tribunal are handled as fairly, quickly and |
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efficiently as possible, and |
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(b) | that the rules where appropriate confer on members |
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of the Tribunal responsibility for ensuring that |
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proceedings before the Tribunal are handled as fairly, |
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quickly and efficiently as possible.”, |
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(d) | in subsection (2)(d) for “an adjudicator or the Immigration Appeal |
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Tribunal” substitute “the Tribunal”, |
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(e) | in subsection (2)(e) omit “an adjudicator or”, |
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(f) | in subsection (2)(g) for “an adjudicator” substitute, in each place, “the |
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(g) | in subsection (2)(h) for “an adjudicator” substitute, in each place, “the |
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(h) | omit subsection (2)(j) and (k), |
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(i) | in subsection (2)(o) omit “an adjudicator or”, |
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(j) | in subsection (2)(p) omit “an adjudicator or”, |
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(k) | in subsection (2)(q) omit “an adjudicator or”, |
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(l) | in subsection (2)(r) omit “an adjudicator or”, |
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(m) | in subsection (2)(s) omit “an adjudicator or”, |
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(n) | after subsection (2)(s) insert— |
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“(t) | may make provision about the number of members |
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exercising the Tribunal’s jurisdiction; |
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(u) | may make provision about the allocation of |
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proceedings among members of the Tribunal (which |
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may include provision for transfer); |
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(v) | may confer on members of the Tribunal responsibility |
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for supervising other members and staff of the |
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(w) | must provide for a period within which a request for |
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review under section 105A may be made (and may |
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not enable the Tribunal to permit a request out of |
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(x) | may make other provision in relation to requests for |
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review, and reviews, under section 105A (which may, |
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in particular, include provision restricting the matters |
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that may be adduced or considered); |
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(y) | may make provision about the making of a reference |
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to an appellate court under section 108B (which may |
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include provision about the procedure to be followed |
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in a case in relation to which a reference is made); |
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(z) | may make provision about the form and content of |
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decisions of the Tribunal.”, |
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(o) | in subsection (3)(a) omit “an adjudicator or”, |
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(p) | in subsection (3)(d) omit “an adjudicator or”, |
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(q) | in subsection (3)(e) omit “an adjudicator or”, |
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(r) | for subsection (3)(f) substitute— |
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“(f) | may enable the Tribunal to certify that an appeal or a |
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request for a review had no merit (and shall make |
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provision for the consequences of the issue of a |
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(s) | in subsection (4) omit “an adjudicator or”. |
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22 (1) | In section 107 (practice directions)— |
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(a) | for “the Immigration Appeal Tribunal” substitute “the Tribunal”, |
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(b) | omit subsection (2), and |
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“(3) | A practice direction may, in particular— |
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(a) | enable the President to require the Tribunal to treat a |
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decision of the Tribunal specified by the President as |
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authoritative in respect of a particular matter, and |
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(b) | require the Tribunal to comply with a requirement |
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imposed in accordance with paragraph (a).” |
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(2) | The reference to a decision of the Tribunal in section 107(3) (as added by sub- |
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paragraph (1) above) shall be treated as including a reference to a decision |
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of the Immigration Appeal Tribunal. |
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23 | In section 108 (forged document: proceedings in private)— |
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(a) | in subsection (1)(a) for “, 83 or 101” substitute “or 83”, and |
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(b) | in subsection (2) for “The adjudicator or the Immigration Appeal |
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Tribunal” substitute “The Tribunal”. |
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24 | At the end of section 112 (regulations, &c.) add— |
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“(7) | An order under paragraph 4 of Schedule 4— |
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(a) | may include consequential or incidental provision (which |
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may include provision amending, or providing for the |
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construction of, a reference in an enactment, instrument or |
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other document to a member of the Asylum and Immigration |
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(b) | must be made by statutory instrument, and |
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(c) | shall be subject to annulment in pursuance of a resolution of |
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either House of Parliament.” |
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Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) |
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25 (1) | For paragraph 2(i) of Schedule 2 to the Access to Justice (Northern Ireland) |
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Order 2003 (civil legal services: excluded services) substitute— |
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“(i) | proceedings before the Asylum and Immigration Tribunal |
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or the Special Immigration Appeals Commission,”. |
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(2) | The amendment made by sub-paragraph (1) is without prejudice to any |
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power to amend or revoke the provision inserted by that sub-paragraph. |
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