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Asylum and Immigration Tribunal - Fast Track Procedure Rules 2/05 [E/NI/S/W]

This Department for Constitutional Affairs consultation paper seeks views on the Fast Track Rules, which will commence on 4 April 2005.

Status of document: Consultation to 28/2/05

Coverage: UK wide

Summary

The detained fast track has operated since April 2003 and aims to take applicants from their initial application through to integration or removal in approximately four weeks. The new Fast Track Rules are needed so that the detained fast track can operate under the new appeals system in section 26 of the Immigration and Asylum (Treatment of Claimants, etc.) Act 2004. The main differences to the fast track process are due to the introduction of the single tier Asylum and Immigration Tribunal (AIT).

Other procedural changes mirror those proposed for non-fast track asylum and immigration appeals in the Asylum and Immigration Tribunal - Procedure Rules and Judicial Titles Order laid before Parliament.

  • Notices of appeal will be lodged directly on the AIT (rather than via IND) - with the option for detained appellants to lodge on the custody officer for convenience

  • The AIT will generally serve decisions on IND (rather than on both parties). IND will, in turn, have responsibility for serving that decision on the appellant. In fast track cases, IND is required by the new Fast Track Rules to serve this decision on the day that it receives it
The new Fast Track Rules also include changes to improve the fast track process, building upon experience to date.
  • They are taking this opportunity to bring the time limit for giving judgment into line with the time periods (which are generally also two working days) for other stages of the appeals process

  • They do not propose to include the requirement for the parties to state if they want an oral hearing and, if so, to give reasons. This requirement currently applies when a party applies for permission to appeal to the IAT (Immigration Appeal Tribunal). The equivalent stage in the new system would be an application to the High Court for an order for the AIT to reconsider its decision. As the IAT has in practice chosen to have oral hearings for most IAT fast track appeals, they propose that all fast track reconsiderations will be decided at a hearing in the new system
Schedule 1 of the new Fast Track Rules also now includes Yarls Wood Removal Centre, following the announcement that a Fast Track process will operate from this removal centre.


Copies of the consultation paper can be obtained from the DCA website or by contacting the address below:

Department for Constitutional Affairs / Asylum Policy and Programme Division
Selborne House - Post point 3
54-60 Victoria Street
SWIE 6QW
Tel: 020 7210 8886
Fax: 020 7210 1722

Further Information

  1. Asylum and Immigration Tribunal - Fast Track Procedure Rules