Jul 03 2009

Consultation on new rules for the Asylum and Immigration Tribunal’s replacement

On 1 July, the Tribunals Service launched a consultation as to the rules to be used for asylum and immigration cases in the Upper Tribunal when the AIT merges with it next year. There is to be no consultation on the rules for asylum and immigration cases at first instance: the Tribunals Service notes without comment “The Government has confirmed that the current Asylum and Immigration Tribunal rules will be amended to become procedure rules for the First-Tier Immigration and Asylum Chamber.”

The consultation exercise runs for twelve weeks, and views are apparently sought from “stakeholders” although goodness knows whether they have been told this. This is the full consultation paper, with proposed rules and practice statements. There are knock-on changes in the provisions for appeal to the Court of Session. Rather gallingly, Rule 18 refers to legal aid funding being “granted by the Scottish Legal Aid Board” although there is still no provision for legal aid before the Tribunal in Scottish cases.

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