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hearing" by lawyers and
Immigration Judges. The panel of Immigration Judges (usually one legally-qualified Senior Immigration Judge and one or two lay members) determine whether a material error of law was made in the determination (judgment). If they conclude that no error was made, that is the end of the matter in front of the AIT. If they conclude that there was a material error of law, they may either reconsider the case in full or in part themselves, or (more usually) order that it be re-heard at a later date. They may set out that all the case be re-considered, or only part of it, depending on the exact circumstances. The second-stage reconsideration may be heard by three Immigration Judges, or by a single Immigration Judge.
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grounds for reconsideration are "arguable". The only matters which can be considered are errors of law. A party cannot say that he seeks a re-hearing of the facts or that the factual conclusions reached by the
Immigration Judge are wrong. He can only seek reconsideration if the Immigration Judge has misdirected himself in law, failed to consider relevant material, considered irrelevant material, or erred in his fact-finding to the extent that the findings are irrational and therefore amount to an error of law.
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A successful application comes before the AIT for reconsideration. Most of these cases are heard at the old IAT, at Field House, Bream's
Buildings, just off Chancery Lane in central London. Some are heard elsewhere. The initial hearing is a first-stage reconsideration, usually called an "error of law
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Either of the parties (the Home
Secretary or the Appellant) can apply for reconsideration, within strict time limits (for example, 5 days from receipt of the decision if the Appellant is in the UK). Such an application must be made in writing. A Senior Immigration Judge considers whether or not the
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If permission is refused on the papers, the party may renew his application for an order for reconsideration to the High Court or Court of
Session. Again, the time limits are short. If the High Court or Court of Sessions agree that the AIT has made a mistake in not considering the application for
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abolished the two tier structure and created a single tier tribunal. All former adjudicators and members of the IAA became members of the new AIT. At this point, the Home Office
Adjudicators became known as Immigration Judges, although many of these are not officially qualified as judges, and the
250:. For an indefinite period requests for reconsideration orders will be considered initially by Immigration judges of the AIT ("the filter"); should the request be refused a party can opt into the High Court or Court of Session.
76:(SIAC) has been set up to hear appeals against removal of potential deportees in high security cases. The information given to appellants and their representatives is limited as compared to other removal hearings.
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The AIT makes most initial decisions through a single immigration judge. Such decisions can be "reconsidered". An order for reconsideration is sought by making a written request to the
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After a re-hearing, or if the AIT which hears a case for the first time has a 3 or more members, the decision may only be challenged by an appeal to the
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former regional adjudicators became Senior
Immigration Judges, who are mostly involved in reconsideration applications for previously dismissed appeals.
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At hearings, asylum seekers and would-be immigrants are usually, but not invariably, represented by legal representatives including
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and appeals against decisions made by the
Immigration Adjudicators, the main hearing centre was in Bream's Buildings, just off
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On 15 February 2010, the
Tribunal was abolished and its functions transferred to the new Asylum and Immigration Chamber of the
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273:(Inner House) in Scotland. Permission is required for such an appeal either from the Tribunal itself or the relevant court.
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97:) with the right of subsequent appeal to the Immigration Appeal Tribunal (IAT) (whose members were appointed by the
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The predecessor of the AIT, the
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Procedure is governed by the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230).
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Immigration Adjudicators considered appeals against decisions made by Immigration Officers,
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decisions. It was created on 4 April 2005, replacing the former
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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
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reconsideration, he may order the AIT to reconsider.
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Seeking Refuge? A handbook for asylum-seeking women
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54:(IAA), and fell under the administration of the
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269:(Civil Division) in England and Wales, or the
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404:Courts and tribunals disestablished in 2010
67:Tribunals, Courts and Enforcement Act 2007
399:2005 establishments in the United Kingdom
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288:Special Immigration Appeals Commission
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159:The IAT dealt with applications for
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374:Immigration to the United Kingdom
283:Immigration to the United Kingdom
223:Ordinarily, there is no right to
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20:Asylum and Immigration Tribunal
331:Service Commissioner Procedure
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132:, with permanent centres in
103:Immigration Appeals Act 1969
101:) was first created by the
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89:The system of appeals to
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171:The creation of the AIT
117:constituted under the
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212:to conduct the case.
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119:Immigration Act 1971
63:First-tier Tribunal
30:constituted in the
327:2015-12-15 at the
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136:in inner London,
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349:Legislation
344:AIT website
244:Outer House
44:immigration
368:Categories
299:References
232:High Court
198:solicitors
190:barristers
150:Manchester
142:Birmingham
42:from many
194:advocates
184:Procedure
134:Islington
325:Archived
277:See also
248:Scotland
38:to hear
28:tribunal
26:) was a
238:or the
154:Glasgow
109:The IAA
85:Origins
80:History
40:appeals
225:appeal
48:asylum
246:) in
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34:with
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