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Asylum and Immigration (Treatment of Claimants, etc.) Bill


Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

26

 

Schedule 2

Section 10

 

Asylum and Immigration Tribunal: Consequential Amendments and

Transitional Provision

Part 1

Consequential Amendments

5

Appellate Jurisdiction Act 1876 (c. 59)

1          

After section 3 of the Appellate Jurisdiction Act 1876 (House of Lords:

appellate jurisdiction) insert—

“3A     

   No appeal against asylum or immigration ruling

Section 3 is subject to section 108B(6) of the Nationality, Immigration

10

and Asylum Act 2002 (c. 41) (no appeal from appellate court in

reference from Asylum and Immigration Tribunal).”

Immigration Act 1971 (c. 77)

2     (1)  

Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended

as follows.

15

      (2)  

In the following provisions for “adjudicator” (or “an adjudicator” or “the

adjudicator”) substitute “the Asylum and Immigration Tribunal”—

(a)   

paragraph 22(1A), (2) and (3),

(b)   

paragraph 23(1) and (2),

(c)   

paragraph 24(2), and

20

(d)   

paragraph 25.

      (3)  

In paragraph 24(3) for “An adjudicator, justice of the peace or sheriff before

whom a person is brought by virtue of sub-paragraph (2)(a) above”

substitute “Where a person is brought before the Asylum and Immigration

Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph

25

(2)(a), the Tribunal, justice of the peace or sheriff”.

      (4)  

In paragraph 29—

(a)   

in sub-paragraph (2) for “an adjudicator or the Immigration Appeal

Tribunal” substitute “the Asylum and Immigration Tribunal”,

(b)   

in sub-paragraph (3)—

30

(i)   

for “An adjudicator” substitute “The Asylum and

Immigration Tribunal”,

(ii)   

for “that or any other adjudicator” substitute “the Tribunal”,

(iii)   

omit the words from “and where an adjudicator dismisses” to

the end,

35

(c)   

omit sub-paragraph (4), and

(d)   

in sub-paragraph (6)—

(i)   

for “an adjudicator or the Tribunal” substitute “the Asylum

and Immigration Tribunal”,

(ii)   

for “the adjudicator or Tribunal” substitute “the Tribunal”,

40

and

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

27

 

(iii)   

for “the adjudicator or the Tribunal” substitute “the

Tribunal”.

      (5)  

In paragraphs 30, 31, 32 and 33—

(a)   

for “an adjudicator and the Tribunal” substitute “the Tribunal”,

(b)   

for “an adjudicator or the Tribunal” substitute “the Tribunal”,

5

(c)   

for “the adjudicator or the Tribunal, as the case may be” substitute

“the Tribunal”,

(d)   

for “the adjudicator or Tribunal” substitute “the Tribunal”,

(e)   

for “the adjudicator or the Tribunal” substitute “the Tribunal”,

(f)   

for “an adjudicator or Tribunal” substitute “the Tribunal”, and

10

(g)   

for “before an adjudicator or before the Tribunal” substitute “before

the Tribunal”.

      (6)  

In paragraph 33—

(a)   

in sub-paragraph (2)(a) for “before an adjudicator” substitute “before

the Tribunal”,

15

(b)   

in sub-paragraph (2)(b) for “before that adjudicator or before the

Tribunal, as the case may be” substitute “before it”, and

(c)   

in sub-paragraph (3) for “An adjudicator, justice of the peace or

sheriff before whom a person is brought by virtue of sub-paragraph

(2)(a) above” substitute “Where a person is brought before the

20

Asylum and Immigration Tribunal, a justice of the peace or the

sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the

peace or sheriff”.

House of Commons Disqualification Act 1975 (c. 24)

3     (1)  

Schedule 1 to the House of Commons Disqualification Act 1975

25

(disqualifying offices) shall be amended as follows.

      (2)  

In Part II for the entry relating to the Immigration Appeal Tribunal

substitute—

   

“The Asylum and Immigration Tribunal.”

      (3)  

In Part III omit the entry relating to immigration adjudicators.

30

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4     (1)  

Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975

(disqualifying offices) shall be amended as follows.

      (2)  

In Part II for the entry relating to the Immigration Appeal Tribunal

substitute—

35

   

“The Asylum and Immigration Tribunal.”

      (3)  

In Part III omit the entry relating to immigration adjudicators.

British Nationality Act 1981 (c. 61)

5          

In section 40A of the British Nationality Act 1981 (deprivation of citizenship:

appeal)—

40

(a)   

in subsection (1) for “an adjudicator appointed under section 81 of

the Nationality, Immigration and Asylum Act 2002 (immigration

appeal)” substitute “the Asylum and Immigration Tribunal”, and

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

28

 

(b)   

omit subsections (3) to (5).

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

6     (1)  

For paragraph 6A of Part 1 of Schedule 1 to the Legal Aid, Advice and

Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid

may be given under Part II of that Order) substitute—

5

“6A.       

Proceedings before the Asylum and Immigration Tribunal or the

Special Immigration Appeals Commission.”

      (2)  

The amendment made by sub-paragraph (1) is without prejudice to any

power to amend or revoke the provision inserted by that sub-paragraph.

Courts and Legal Services Act 1990 (c. 41)

10

7          

In Schedule 11 to the Courts and Legal Services Act 1990 (judges barred from

legal practice) for the entries relating to the Immigration Appeal Tribunal

and immigration adjudicators substitute—

   

“President or other member of the Asylum and Immigration

Tribunal”.

15

Tribunals and Inquiries Act 1992 (c. 53)

8     (1)  

The Tribunals and Inquiries Act 1992 shall be amended as follows.

      (2)  

In section 7 (dismissal) omit subsection (3).

      (3)  

In Schedule 1 (tribunals under supervision of Council) for the entry for

immigration appeals substitute—

20

 

“Immigration and asylum

22. The Asylum and Immigration

 
  

Tribunal constituted under section 81

 
  

of the Nationality, Immigration and

 
  

Asylum Act 2002.”

 

Judicial Pensions and Retirement Act 1993 (c. 8)

25

9     (1)  

The Judicial Pensions and Retirement Act 1993 shall be amended as follows.

      (2)  

In Schedule 1 (qualifying judicial offices) for the entries relating to the

Immigration Appeal Tribunal and immigration adjudicators substitute (in

the place occupied by the first of those entries)—

   

“President or other member of the Asylum and Immigration

30

Tribunal”.

      (3)  

In Schedule 5 (retirement: relevant offices) for the entries relating to the

Immigration Appeal Tribunal and immigration adjudicators substitute—

   

“President or other member of the Asylum and Immigration

Tribunal”.

35

Asylum and Immigration Appeals Act 1993 (c. 23)

10         

Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall

cease to have effect.

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

29

 

Special Immigration Appeals Commission Act 1997 (c. 68)

11         

The Special Immigration Appeals Commission Act 1997 shall be amended as

follows.

12    (1)  

In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute—

“(b)   

at least one is or has been a member of the Asylum and

5

Immigration Tribunal.”

      (2)  

A person is qualified for the purposes of paragraph 5(b) of that Schedule as

it has effect after the commencement of sub-paragraph (1) above if he is

qualified for the purposes of paragraph 5(b) as it had effect at any time since

its commencement.

10

13    (1)  

Schedule 3 (bail) shall be amended as follows.

      (2)  

In paragraph 1(2) for ““adjudicator”” substitute ““Tribunal””.

      (3)  

In paragraph 1(3)(a) for “adjudicator”” substitute “the Asylum and

Immigration Tribunal””.

      (4)  

In paragraph 1(3)(b) for “adjudicator”” substitute “the Asylum and

15

Immigration Tribunal””.

      (5)  

In paragraph 1(4)(a) and (b) for “adjudicator”” substitute “the Asylum and

Immigration Tribunal””.

      (6)  

In paragraph 2(2)(a) for ““an adjudicator”” substitute ““the Asylum and

Immigration Tribunal””.

20

      (7)  

In paragraph 2(2)(b) for ““the adjudicator”” substitute ““the Asylum and

Immigration Tribunal””.

      (8)  

In paragraph 2(3)(a) for ““an adjudicator”” substitute ““the Asylum and

Immigration Tribunal””.

      (9)  

In paragraph 2(3)(b) for ““the adjudicator”” substitute ““the Asylum and

25

Immigration Tribunal””.

     (10)  

In paragraph 6(2)(a) for ““an adjudicator or the Tribunal”” substitute ““the

Tribunal””.

     (11)  

In paragraph 6(2)(b) for ““the adjudicator or the Tribunal, as the case may

be,”” substitute ““the Tribunal””.

30

     (12)  

In paragraph 6(2)(c) for ““the adjudicator or Tribunal”” substitute ““the

Tribunal””.

     (13)  

In paragraph 6(3)(a) for ““an adjudicator or the Tribunal”” substitute ““the

Tribunal””.

     (14)  

In paragraph 6(3)(b) for ““the adjudicator or Tribunal”” substitute ““the

35

Tribunal””.

     (15)  

In paragraph 7(a) for ““an adjudicator or the Tribunal”” substitute ““the

Tribunal””.

     (16)  

In paragraph 7(b) for ““the adjudicator or Tribunal”” substitute ““the

Tribunal””.

40

     (17)  

In paragraph 7(c) for ““the adjudicator or the Tribunal”” substitute ““the

Tribunal””.

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

30

 

Access to Justice Act 1999 (c. 22)

14         

For paragraph 2(1)(h) of Schedule 2 to the Access to Justice Act 1999

(Community Legal Service: excluded services) substitute—

“(h)   

the Asylum and Immigration Tribunal,”.

Immigration and Asylum Act 1999 (c. 33)

5

15         

In section 156(3) of the Immigration and Asylum Act 1999 (escorts and

custody) for paragraphs (a) and (b) substitute—

“(a)   

the Asylum and Immigration Tribunal;”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

16         

The Nationality, Immigration and Asylum Act 2002 shall be amended as

10

follows.

17         

In section 72(10) (serious criminal) omit “adjudicator,”.

18    (1)  

In the provisions listed in sub-paragraph (2)—

(a)   

for “an adjudicator” substitute “the Tribunal”,

(b)   

for “the adjudicator” substitute “the Tribunal”,

15

(c)   

for “he” in relation to an adjudicator substitute “it”, and

(d)   

for “his” in relation to an adjudicator substitute “its”.

      (2)  

The provisions are—

(a)   

section 85 (matters to be considered),

(b)   

section 86 (determination of appeal), and

20

(c)   

section 87 (successful appeal: direction).

19         

In section 87—

(a)   

for subsection (3) substitute—

“(3)   

But a direction under this section shall not have effect—

(a)   

while a review under section 105A has been

25

requested and not completed, or

(b)   

where the appeal having been determined is again

awaiting determination as the result of an order for

re-hearing made on a review under section 105A.”,

and

30

(b)   

omit subsection (4).

20         

In section 104 (pending appeal)—

(a)   

for subsection (2) substitute—

“(2)   

An appeal under section 82(1) is not finally determined for

the purposes of subsection (1)(b)—

35

(a)   

while a review under section 105A has been

requested and not completed, or

(b)   

where the appeal having been determined is again

awaiting determination as the result of an order for

re-hearing made on a review under section 105A.”,

40

and

(b)   

omit subsection (3) (remittal to adjudicator).

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

31

 

21         

In section 106 (rules)—

(a)   

in subsection (1)(a) for “, 83 or 101” substitute “or 83 or by virtue of

section 109”,

(b)   

in subsection (1)(b) for “, 83, 101(1) or 103” substitute “or 83 or by

virtue of section 109”,

5

(c)   

after subsection (1) insert—

“(1A)   

In making rules under subsection (1) the Lord Chancellor

shall aim to ensure—

(a)   

that the rules are designed to ensure that proceedings

before the Tribunal are handled as fairly, quickly and

10

efficiently as possible, and

(b)   

that the rules where appropriate confer on members

of the Tribunal responsibility for ensuring that

proceedings before the Tribunal are handled as fairly,

quickly and efficiently as possible.”,

15

(d)   

in subsection (2)(d) for “an adjudicator or the Immigration Appeal

Tribunal” substitute “the Tribunal”,

(e)   

in subsection (2)(e) omit “an adjudicator or”,

(f)   

in subsection (2)(g) for “an adjudicator” substitute, in each place, “the

Tribunal”,

20

(g)   

in subsection (2)(h) for “an adjudicator” substitute, in each place, “the

Tribunal”,

(h)   

omit subsection (2)(j) and (k),

(i)   

in subsection (2)(o) omit “an adjudicator or”,

(j)   

in subsection (2)(p) omit “an adjudicator or”,

25

(k)   

in subsection (2)(q) omit “an adjudicator or”,

(l)   

in subsection (2)(r) omit “an adjudicator or”,

(m)   

in subsection (2)(s) omit “an adjudicator or”,

(n)   

after subsection (2)(s) insert—

“(t)   

may make provision about the number of members

30

exercising the Tribunal’s jurisdiction;

(u)   

may make provision about the allocation of

proceedings among members of the Tribunal (which

may include provision for transfer);

(v)   

may confer on members of the Tribunal responsibility

35

for supervising other members and staff of the

Tribunal;

(w)   

must provide for a period within which a request for

review under section 105A may be made (and may

not enable the Tribunal to permit a request out of

40

time);

(x)   

may make other provision in relation to requests for

review, and reviews, under section 105A (which may,

in particular, include provision restricting the matters

that may be adduced or considered);

45

(y)   

may make provision about the making of a reference

to an appellate court under section 108B (which may

include provision about the procedure to be followed

in a case in relation to which a reference is made);

 

 

Asylum and Immigration (Treatment of Claimants, etc.) Bill
Schedule 2 — Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision
Part 1 — Consequential Amendments

32

 

(z)   

may make provision about the form and content of

decisions of the Tribunal.”,

(o)   

in subsection (3)(a) omit “an adjudicator or”,

(p)   

in subsection (3)(d) omit “an adjudicator or”,

(q)   

in subsection (3)(e) omit “an adjudicator or”,

5

(r)   

for subsection (3)(f) substitute—

“(f)   

may enable the Tribunal to certify that an appeal or a

request for a review had no merit (and shall make

provision for the consequences of the issue of a

certificate).”, and

10

(s)   

in subsection (4) omit “an adjudicator or”.

22    (1)  

In section 107 (practice directions)—

(a)   

for “the Immigration Appeal Tribunal” substitute “the Tribunal”,

(b)   

omit subsection (2), and

(c)   

at the end add—

15

“(3)   

A practice direction may, in particular—

(a)   

enable the President to require the Tribunal to treat a

decision of the Tribunal specified by the President as

authoritative in respect of a particular matter, and

(b)   

require the Tribunal to comply with a requirement

20

imposed in accordance with paragraph (a).”

      (2)  

The reference to a decision of the Tribunal in section 107(3) (as added by sub-

paragraph (1) above) shall be treated as including a reference to a decision

of the Immigration Appeal Tribunal.

23         

In section 108 (forged document: proceedings in private)—

25

(a)   

in subsection (1)(a) for “, 83 or 101” substitute “or 83”, and

(b)   

in subsection (2) for “The adjudicator or the Immigration Appeal

Tribunal” substitute “The Tribunal”.

24         

At the end of section 112 (regulations, &c.) add—

“(7)   

An order under paragraph 4 of Schedule 4—

30

(a)   

may include consequential or incidental provision (which

may include provision amending, or providing for the

construction of, a reference in an enactment, instrument or

other document to a member of the Asylum and Immigration

Tribunal),

35

(b)   

must be made by statutory instrument, and

(c)   

shall be subject to annulment in pursuance of a resolution of

either House of Parliament.”

Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

25    (1)  

For paragraph 2(i) of Schedule 2 to the Access to Justice (Northern Ireland)

40

Order 2003 (civil legal services: excluded services) substitute—

“(i)   

proceedings before the Asylum and Immigration Tribunal

or the Special Immigration Appeals Commission,”.

      (2)  

The amendment made by sub-paragraph (1) is without prejudice to any

power to amend or revoke the provision inserted by that sub-paragraph.

45

 

 

 
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