Knowledge (XXG)

Asylum and Immigration Tribunal

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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
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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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The predecessor of the AIT, the Immigration Appellate Authority (IAA), was an independent judicial body in 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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is usually represented by Home Office Presenting Officers ("HOPOs"); specially trained
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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
379:Former courts and tribunals in the United Kingdom 54:(IAA), and fell under the administration of the 293:Office of the Immigration Services Commissioner 269:(Civil Division) in England and Wales, or the 8: 404:Courts and tribunals disestablished in 2010 67:Tribunals, Courts and Enforcement Act 2007 399:2005 establishments in the United Kingdom 409:Courts and tribunals established in 2005 303: 288:Special Immigration Appeals Commission 74:Special Immigration Appeals Commission 389:Right of asylum in the United Kingdom 7: 159:The IAT dealt with applications for 14: 374:Immigration to the United Kingdom 283:Immigration to the United Kingdom 223:Ordinarily, there is no right to 52:Immigration Appellate Authority 20:Asylum and Immigration Tribunal 331:Service Commissioner Procedure 1: 132:, with permanent centres in 103:Immigration Appeals Act 1969 101:) was first created by the 93:(who were appointed by the 425: 89:The system of appeals to 227:a decision of the AIT. 171:The creation of the AIT 117:constituted under the 322:Immigration Solicitor 212:to conduct the case. 167:, in Central London. 119:Immigration Act 1971 63:First-tier Tribunal 30:constituted in the 327:2015-12-15 at the 95:Secretary of State 311:Tribunals Service 136:in inner London, 128:officers and the 56:Tribunals Service 416: 394:Asylum tribunals 354:More legislation 332: 319: 313: 308: 271:Court of Session 240:Court of Session 424: 423: 419: 418: 417: 415: 414: 413: 384:Immigration law 364: 363: 340: 335: 329:Wayback Machine 320: 316: 309: 305: 301: 279: 267:Court of Appeal 234:in England and 221: 219:Further appeals 186: 173: 161:leave to appeal 126:entry clearance 111: 99:Lord Chancellor 87: 82: 65:created by the 12: 11: 5: 422: 420: 412: 411: 406: 401: 396: 391: 386: 381: 376: 366: 365: 362: 361: 356: 351: 346: 339: 338:External links 336: 334: 333: 314: 302: 300: 297: 296: 295: 290: 285: 278: 275: 220: 217: 206:Civil Servants 185: 182: 172: 169: 130:Home Secretary 115:United Kingdom 110: 107: 86: 83: 81: 78: 32:United Kingdom 13: 10: 9: 6: 4: 3: 2: 421: 410: 407: 405: 402: 400: 397: 395: 392: 390: 387: 385: 382: 380: 377: 375: 372: 371: 369: 360: 357: 355: 352: 350: 347: 345: 342: 341: 337: 330: 326: 323: 318: 315: 312: 307: 304: 298: 294: 291: 289: 286: 284: 281: 280: 276: 274: 272: 268: 263: 259: 255: 251: 249: 245: 241: 237: 233: 228: 226: 218: 216: 213: 211: 207: 203: 202:UK government 199: 195: 191: 183: 181: 178: 170: 168: 166: 165:Chancery Lane 162: 157: 155: 151: 147: 143: 139: 135: 131: 127: 122: 120: 116: 108: 106: 105:(1969 c.21). 104: 100: 96: 92: 84: 79: 77: 75: 70: 68: 64: 59: 57: 53: 49: 45: 41: 37: 33: 29: 25: 21: 16: 317: 306: 264: 260: 256: 252: 229: 222: 214: 187: 174: 158: 138:Hatton Cross 123: 112: 91:adjudicators 88: 71: 60: 36:jurisdiction 23: 19: 17: 15: 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 236:Wales 146:Leeds 34:with 210:TSol 175:The 152:and 72:The 46:and 18:The 24:AIT 370:: 196:, 192:, 156:. 148:, 144:, 140:, 69:. 58:. 242:( 22:(

Index

tribunal
United Kingdom
jurisdiction
appeals
immigration
asylum
Immigration Appellate Authority
Tribunals Service
First-tier Tribunal
Tribunals, Courts and Enforcement Act 2007
Special Immigration Appeals Commission
adjudicators
Secretary of State
Lord Chancellor
Immigration Appeals Act 1969
United Kingdom
Immigration Act 1971
entry clearance
Home Secretary
Islington
Hatton Cross
Birmingham
Leeds
Manchester
Glasgow
leave to appeal
Chancery Lane
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
barristers
advocates

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