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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

37

 

Schedule 2

Section 15

 

Asylum and Immigration Tribunal: Consequential Amendments and

Transitional Provision

Part 1

Consequential Amendments

5

Immigration Act 1971 (c. 77)

1     (1)  

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

as follows.

      (2)  

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

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

10

(a)   

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

(b)   

paragraph 23(1) and (2),

(c)   

paragraph 24(2), and

(d)   

paragraph 25.

      (3)  

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

15

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

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

      (4)  

In paragraph 29—

20

(a)   

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

Tribunal” substitute “the Asylum and Immigration Tribunal”,

(b)   

in sub-paragraph (3)—

(i)   

for “An adjudicator” substitute “The Asylum and

Immigration Tribunal”,

25

(ii)   

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

(iii)   

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

the end,

(c)   

omit sub-paragraph (4), and

(d)   

in sub-paragraph (6)—

30

(i)   

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

and Immigration Tribunal”,

(ii)   

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

and

(iii)   

for “the adjudicator or the Tribunal” substitute “the

35

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”,

(c)   

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

40

“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

 

 

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

38

 

(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”,

5

(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

10

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)

2     (1)  

Schedule 1 to the House of Commons Disqualification Act 1975

15

(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.

20

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

3     (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—

25

   

“The Asylum and Immigration Tribunal.”

      (3)  

In Part III omit the entry relating to immigration adjudicators.

British Nationality Act 1981 (c. 61)

4          

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

appeal)—

30

(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”,

(b)   

for subsections (3) to (5) substitute—

“(3)   

The following provisions of the Nationality, Immigration and

35

Asylum Act 2002 (c. 41) shall apply in relation to an appeal

under this section as they apply in relation to an appeal under

section 82 or 83 of that Act—

(a)   

sections 103A to 103E (review and appeal),

(b)   

section 106 (rules), and

40

(c)   

section 107 (practice directions).”, and

(c)   

omit subsections (6) and (7).

 

 

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

39

 

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

5     (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—

“6A.       

Proceedings before the Asylum and Immigration Tribunal or the

5

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)

6          

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

10

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”.

Tribunals and Inquiries Act 1992 (c. 53)

15

7     (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—

 

“Immigration and asylum

22. The Asylum and Immigration

 

20

  

Tribunal constituted under section 81

 
  

of the Nationality, Immigration and

 
  

Asylum Act 2002.”

 

Judicial Pensions and Retirement Act 1993 (c. 8)

8     (1)  

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

25

      (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

Tribunal”.

30

      (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”.

Asylum and Immigration Appeals Act 1993 (c. 23)

35

9          

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

40

 

Special Immigration Appeals Commission Act 1997 (c. 68)

10         

The Special Immigration Appeals Commission Act 1997 shall be amended as

follows.

11    (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

12    (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””.

Access to Justice Act 1999 (c. 22)

13         

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

 

 

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

41

 

(Community Legal Service: excluded services) substitute—

“(h)   

the Asylum and Immigration Tribunal,”.

Immigration and Asylum Act 1999 (c. 33)

14         

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

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

5

“(a)   

the Asylum and Immigration Tribunal;”.

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

15         

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

follows.

16         

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

10

17    (1)  

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

(a)   

for “an adjudicator” substitute “the Tribunal”,

(b)   

for “the adjudicator” substitute “the Tribunal”,

(c)   

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

(d)   

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

15

      (2)  

The provisions are—

(a)   

section 85 (matters to be considered),

(b)   

section 86 (determination of appeal), and

(c)   

section 87 (successful appeal: direction).

18         

In section 87—

20

(a)   

for subsection (3) substitute—

“(3)   

But a direction under this section shall not have effect

while—

(a)   

an application under section 103A(1) (other than an

application out of time with permission) could be

25

made or is awaiting determination,

(b)   

reconsideration of an appeal has been ordered under

section 103A(1) and has not been completed,

(c)   

an appeal has been remitted to the Tribunal and is

awaiting determination,

30

(d)   

an application under section 103B or 103E for

permission to appeal (other than an application out of

time with permission) could be made or is awaiting

determination,

(e)   

an appeal under section 103B or 103E is awaiting

35

determination, or

(f)   

a reference under section 103C is awaiting

determination.”, and

(b)   

in subsection (4) for “as part of the determination of the appeal for

the purposes of section 101” substitute “as part of the Tribunal’s

40

decision on the appeal for the purposes of section 103A”.

19         

In section 104 (pending appeal)—

 

 

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

42

 

(a)   

for subsection (2) substitute—

“(2)   

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

the purposes of subsection (1)(b) while —

(a)   

an application under section 103A(1) (other than an

application out of time with permission) could be

5

made or is awaiting determination,

(b)   

reconsideration of an appeal has been ordered under

section 103A(1) and has not been completed,

(c)   

an appeal has been remitted to the Tribunal and is

awaiting determination,

10

(d)   

an application under section 103B or 103E for

permission to appeal (other than an application out of

time with permission) could be made or is awaiting

determination,

(e)   

an appeal under section 103B or 103E is awaiting

15

determination, or

(f)   

a reference under section 103C is awaiting

determination.”, and

(b)   

omit subsection (3) (remittal to adjudicator).

20         

In section 106 (rules)—

20

(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”,

(c)   

after subsection (1) insert—

25

“(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

efficiently as possible, and

30

(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.”,

(d)   

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

35

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”,

(g)   

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

40

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”,

(k)   

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

45

(l)   

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

(m)   

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

 

 

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

43

 

(n)   

after subsection (2)(s) insert—

“(t)   

may make provision about the number of members

exercising the Tribunal’s jurisdiction;

(u)   

may make provision about the allocation of

proceedings among members of the Tribunal (which

5

may include provision for transfer);

(v)   

may confer on members of the Tribunal responsibility

for supervising other members and staff of the

Tribunal;

(w)   

may make provision about reconsideration of a

10

decision pursuant to an order under section 103A(1)

(which may, in particular, include provision about

the action that may be taken on reconsideration and

about the matters and evidence to which the Tribunal

may have regard);

15

(x)   

shall provide that a party to an appeal is to be treated

as having received notice of the Tribunal’s decision,

unless the contrary is shown, at such time as may be

specified in, or determined in accordance with, the

rules;

20

(y)   

may make provision about proceedings under

paragraph 29 of Schedule 2 to the Asylum and

Immigration (Treatment of Claimants, etc.) Act 2004

(transitional filter of applications for reconsideration

from High Court to Tribunal);

25

(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”,

30

(r)   

for subsection (3)(f) substitute—

“(f)   

may enable the Tribunal to certify that an appeal had

no merit (and shall make provision for the

consequences of the issue of a certificate).”, and

(s)   

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

35

21    (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—

“(3)   

A practice direction may, in particular, require the Tribunal

40

to treat a specified decision of the Tribunal as authoritative in

respect of a particular matter.”

      (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.

45

22         

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

(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”.

 

 

 
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