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

Rule 4

SCHEDULE 1

“ORDER 53AAPPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002

Interpretation

1.—(1) In this Order –

“the 2002 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;

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants etc.) Act 2004(2);

“appeal” means appeal to the Asylum and Immigration Tribunal under section 82 or 83 of the 2002 Act or section 40A of the British Nationality Act 1981(3);

“appellant” means the appellant in the appeal to the Asylum and Immigration Tribunal;

“applicant” means the person applying to the High Court for an order for reconsideration under section 103A;

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

“filter provision” means paragraph 30 of Schedule 2 to the 2004 Act;

“order for reconsideration” means an order under section 103A(1) requiring the Asylum and Immigration Tribunal to reconsider its decision on an appeal; and

“Tribunal” means the Asylum and Immigration Tribunal established under section 81.

(2) Any reference in this Order to a period of time specified in –

(a)section 103A(3) for making an application for an order for reconsideration; or

(b)paragraph 30(5)(b) of Schedule 2 to the 2004 Act for giving notice under that paragraph,

includes a reference to that period as varied by any order under section 26(8) of the 2004 Act.

(3) Order 3, rule 2 applies to the calculation of periods of time specified in –

(a)section 103A(3); and

(b)paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

(4) Except as provided otherwise, the provisions of this Order apply to an application for an order for reconsideration regardless of whether the filter provision has effect in relation to that application.

Disapplication of certain rules to this Order

2.—(1) Order 8, rule 3(1) shall not apply to applications by originating motion under this Order.

(2) Where the applicant was the appellant in the appeal to the Tribunal, Order 8, rule 2 and Order 10, rule 5 shall not apply to applications by originating motion under this Order.

Application for order for reconsideration under section 103A of the 2002 Act

3.—(1) An application for an order for reconsideration shall be commenced by originating motion in Form 11A and the notice of the motion is referred to in this Order as “notice of application”.

(2) Subject to paragraph (6), the notice of application under paragraph (1) shall be lodged –

(a)during any period in which the filter provision has effect, with the Tribunal; and

(b)at any other time, in the Central Office.

(3) The notice of application must state the grounds upon which it is contended that the Tribunal made an error of law and the reasons in support of those grounds.

(4) The notice of application lodged under paragraph (2) shall be accompanied by –

(a)the notice of the immigration, asylum or nationality decision to which the appeal related;

(b)any other document which was served on the appellant giving reasons for that decision;

(c)the grounds of appeal to the Tribunal;

(d)the Tribunal’s determination on the appeal; and

(e)any other documents which were before the Tribunal which are material to the application.

(5) Where the applicant –

(a)was the respondent to the appeal; and

(b)was required under the Asylum and Immigration Tribunal (Procedure) Rules 2005(4) to serve the Tribunal’s determination on the appellant,

the notice of application must contain a statement of the date on which and the means by which the determination was so served.

(6) Where the applicant is in detention under the Immigration Acts, an application for an order for reconsideration may be made –

(a)in accordance with paragraphs (2) to (4); or

(b)by serving it on the person having custody of him.

(7) Where an application is served in accordance with paragraph (6)(b), the person on whom the application is served shall –

(a)endorse on the notice of application the date that it was served on him;

(b)give to the applicant an acknowledgement in writing of receipt of the application; and

(c)within 2 days, forward the notice of application and the accompanying documents –

(i)during any period in which the filter provision has effect, to the Tribunal; and

(ii)at any other time, to the Central Office.

Application to extend time limit

4.  In application to extend the time limit for making an application under section 103A(1) shall –

(a)be included in the notice of application lodged under rule 3;

(b)set out the grounds on which it is contended that the application could not reasonably have been lodged within the time limit; and

(c)be supported by an affidavit verifying the facts relied on.

Applications under paragraph 30(5)(a) of Schedule 2 to the 2004 Act

5.—(1) This rule applies during any period in which the filter provision has effect.

(2) Where the applicant receives a notice from the Tribunal that it –

(a)does not propose to make an order for reconsideration; or

(b)does not propose to allow the application to be made outside the relevant time limit,

and the applicant wishes the Court to consider the application, the applicant must lodge a notice in Form 11B in the Central Office in accordance with paragraph 30(5)(a) and (b) of Schedule 2 to the 2004 Act.

(3) Where the applicant –

(a)was the respondent to the appeal; and

(b)was required under the Asylum and Immigration Tribunal (Procedure) Rules 2005 to serve the Tribunal’s determination on the appellant,

the notice lodged under paragraph (2) shall contain a statement of the date on which and the means by which the determination was so served.

(4) A notice which is lodged outside the period specified in paragraph 30(5)(b) of Schedule 2 to the 2004 Act must –

(a)set out the grounds on which it is contended that the notice could not reasonably practicably have been lodged within that period; and

(b)be supported by written evidence verified by affidavit.

(5) If the applicant wishes to respond to the reasons given by the member of the Tribunal for his decision that he –

(a)does not propose to make an order for reconsideration; or

(b)does not propose to allow the application for an order for reconsideration to be made outside the relevant time limit,

the notice lodged under paragraph (2) shall be accompanied by a written submission setting out the grounds upon which the applicant disputes any of the reasons given by the member of the Tribunal and giving reasons in support of those grounds.

Written submissions

6.  Where an application is for an order for reconsideration of a decision of the Tribunal to grant an appeal, the Court may order that written submissions may be lodged by the other party within a time limit to be fixed by the Court.

Determination of the application by the Court

7.—(1) The Court shall determine an application for an order for reconsideration without a hearing.

(2) Unless it orders otherwise, the Court will not receive evidence which was not submitted to the Tribunal.

Service of order

8.—(1) The proper officer shall serve copies of the order of the Court on –

(a)the applicant and the other party to the appeal, except where paragraph (2) applies; and

(b)the Tribunal.

(2) Where the application relates, in whole or in part, to an asylum claim, the proper officer shall send a copy of the order of the Court to the Secretary of State.

(3) Where the proper officer sends an order to the Secretary of State under paragraph (2), the Secretary of State must –

(a)serve the order on the appellant; and

(b)immediately after serving the order, notify the Court of what date and by what method the order was served.

(4) The Secretary of State must provide the notification required by paragraph (3)(b) no later than 28 days after the date on which the proper officer sends him a copy of the order.

(5) If the Court does not receive the notification under paragraph (3)(b) within the time specified therein, the proper officer may serve the order on the appellant.

(6) Where paragraph (2) applies, the provisions of Order 66 rule 5(b) shall not apply until either the Secretary of State has given the Court the notification required by paragraph (3)(a) or until 28 days after the proper officer sent a copy of the order to the Secretary of State, whichever is earlier.”

Rule 4

SCHEDULE 2

“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(5) 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.”

Rule 7

SCHEDULE 3

“No. 11ANotice of application for order under s.103A of the Nationality, Immigration and Asylum Act 2002(O. 53A r. 3)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

No. 11BNotice of application under paragraph 30(5)(b) of Schedule 2 to the Asylum and Immigration (Treatment of Claimants) Act 2004 for order under s.103A of the Nationality, Immigration and Asylum Act 2002.(O. 53A r. 5)

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

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