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

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Rule 4

SCHEDULE 2

This schedule has no associated Explanatory Memorandum

“ORDER 60AREFERRAL TO THE COURT OF APPEAL FROM THE HIGH COURT UNDER SECTION 103C OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Interpretation

1.  In this Order –

“the Act” means the Nationality, Immigration and Asylum Act 2002(1) and a section referred to by number means the section so numbered in the Act;

“appeal” means the appeal to the Asylum and Immigration Tribunal under section 82 or 83 of the Act or under section 40A of the British Nationality Act 1981;

“applicant” means the party to the appeal who applied to the High Court for an order under section 103A; and

expressions used in this Order which are used in the 2002 Act have the same meaning in this Order as in the 2002 Act.

Procedure on referral to the Court of Appeal

2.  Where an appeal to the Tribunal is referred to the Court of Appeal under section 103C –

(a)the High Court shall set out in its order the question of law raised by the appeal which is of such importance that the High Court considers it should be decided by the Court of Appeal; and

(b)the proper officer shall –

(i)serve a copy of that order on the applicant, the other party to the appeal and the Tribunal; and

(ii)send to the Court of Appeal a copy of all the relevant documents which were lodged in the Central Office under Order 53A.

3.  The Court of Appeal may direct the Tribunal to state a case for its consideration.

4.  Where the Court of Appeal directs the Tribunal to state a case under rule 3, the Tribunal shall –

(a)state the case within the time limit specified by the Court of Appeal in its direction; and

(b)serve a copy of the case stated on the parties to the appeal at the same time as it sends the case stated to the Court of Appeal.

5.  The referral to the Court of Appeal shall be determined in accordance with directions given by the Court of Appeal.

6.  Order 61, rules 7 and 8 shall apply, with appropriate modifications, to referrals to the Court of Appeal under section 103C.”

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