The Rules of the Supreme Court (Northern Ireland) (Amendment) 2005

Explanatory Note

(This note is not part of the Rules.)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (“the principal rules”) to prescribe the procedure relating to applications for statutory review and appeals under the Nationality, Immigration and Asylum Act 2002, as amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

Rule 2 amends the Arrangement of Orders at the beginning of the principal rules to take account of the insertion of Order 53A and Order 60A.

Rule 3 amends the principal rules by providing for Order 1 to be amended so that applications under section 103A of the 2002 Act are assigned to the Queen’s Bench Division of the High Court.

Rule 4(a) inserts into the principal rules a new Order 53A which makes provision for applications to the High Court under section 103A of 2002 Act. Rule 4(b) inserts into the principal rules a new Order 60A which makes provision in relation to referrals to the Court of Appeal under section 103C of the 2002 Act.

Rule 5 amends Order 61 by replacing obsolete provisions with provisions relating to appeals under sections 103B and 103E of the 2002 Act.

Rule 6 makes consequential amendments to Order 94.

Rule 7 provides for new Forms 11A and 11B to be inserted into the Appendix to the principal rules.

Rule 8 specifies a number of transitional provisions to deal with applications which are pending to the Immigration Appellate Authority on commencement of the new procedures.

Schedule 1 inserts a new Order 53A into the principal Rules.

New Rule 1 contains interpretative provisions.

New Rule 2(1) disapplies Order 8 rule 3(1) of the principal rules (Form and Issue of notice of motion) to applications by originating motion under Order 53A. New Rule 2(2) disapplies Order 8, rule 2 (Notice of motion) and Order 10, rule 5 (Service of originating summons, petition and notice of motion) of the principal rules to applications by originating motion under Order 53A where the applicant was the appellant in the appeal to the Tribunal.

New Rule 3 makes provision in relation to the commencement of an application under section 103A of the 2002 Act for an order that the Asylum and Immigration Tribunal reconsiders its decision on an appeal.

New Rule 4 provides for applications for extension of time to make an application under section 103A of the 2002 Act.

New Rule 5 makes provision for an applicant to opt in to the High Court’s procedure for dealing with applications under section 103A of the 2002 Act when the ‘filter provision’ contained in paragraph 30 of Schedule 2 to the 2004 Act is in effect.

New Rule 6 makes provision for the High Court to order that written submissions, additional to those of the applicant, are lodged.

New Rule 7 provides for applications under section 103A of the 2002 Act to be determined without a hearing and that, unless it orders otherwise, the Court shall not receive evidence which was not submitted to the Tribunal.

New Rule 8 provides that the proper officer shall serve copies of the order of the High Court on the Tribunal. He will also serve a copy of the order on the applicant and on any other party to the appeal, except where the application relates to an asylum claim, in which case he shall send it to the Secretary of State who, in turn, shall serve the order on the applicant.

Schedule 2 inserts a new Order 60A into the principal rules.

New Rule 1 is an interpretative provision.

New Rule 2(a) provides that the High Court shall set out the question of law it considers should be decided by the Court of Appeal in its order referring an appeal to the Court of Appeal. New Rule 2(b) makes provision for the proper officer to serve copies of the High Court’s order and to send to the Court of Appeal a copy of all the relevant documents which were lodged under Order 53A.

New Rule 3 provides that the Court of Appeal may direct the Tribunal to state a case for its consideration.

New Rule 4 provides that, when it is required by the Court of Appeal to state a case, the Tribunal shall do so within the time limit set by the Court of Appeal and shall serve a copy of the case stated on the parties to the appeal.

New Rule 5 provides that the referral to the Court of Appeal shall be determined in accordance with directions given by that Court.

New Rule 6 provides that Order 61, rules 7 (Signing of cases stated) and 8 (Copies of orders) shall apply to referrals to the Court of Appeal under section 103C of the 2002 Act.

Schedule 3 prescribes the content of new Forms 11A and 11B.