Contact the Immigration Team
Exeter Office
Contact the Immigration Team
Tel: 01392 210700 Email us
The transfer of the Asylum & Immigration Tribunal into the Unified Tribunals system will transfer the functions of the AIT into a First-tier and Upper Tribunal. This was recently laid before Parliament and the order has now been approved by both the House of Commons and the Lords. The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 will come into force on 15 February 2010.
A public consultation process took place last year to seek views on the changes needed to existing Upper Tribunal Procedure Rules, to ensure they reflect the requirements of the immigration and asylum appeals process in that Tribunal. The Tribunals Procedure Committee (TPC) has considered feedback received and it has now finalised amendments to the rules. The transfer of functions order and amending rules are available on the Tribunals Service website at: http://www.tribunals.gov.uk/Tribunals/Rules/rules.htm
The aims and effects of the transfer
The transfer is part of a programme of tribunal reform that puts in place a new flexible structure, where we can build services that are increasingly responsive to the needs of users.
From 15 February 2010, appeals against decisions made by the Home Office or Entry Clearance Officer will be made to a dedicated Immigration and Asylum Chamber, within the First-tier Tribunal.
Onward appeals will be to the Upper Tribunal, where there will also be a dedicated Immigration and Asylum Chamber. The President of this Chamber will be the Honourable Mr Justice Blake. The onward appeal process replaces the current review and reconsideration process, where applications for review can be made to the High Court in England, Wales and Northern Ireland, and the Outer House of the Court of Session in Scotland, if refused by the AIT.
Judicial expertise and continuity of service for appellants will be preserved, as existing AIT judicial and non-legal members will transfer into the new Immigration and Asylum Chambers. Full details of which chambers they transfer into is included in the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010.
For advice on the new Asylum & Immigration Tribunal transfer, please contact Stephens Scown's Immigration Team on 01392 210700.
