273:
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.
265:
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.
272:
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
264:
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
268:
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
190:
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
261:. 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.
87:(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.
187:
389:
241:
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
414:
409:
419:
303:
399:
384:
276:
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
191:
former regional adjudicators became Senior
Immigration Judges, who are mostly involved in reconsideration applications for previously dismissed appeals.
77:
359:
298:
84:
277:
220:
293:
199:
At hearings, asylum seekers and would-be immigrants are usually, but not invariably, represented by legal representatives including
369:
364:
242:
174:
and appeals against decisions made by the
Immigration Adjudicators, the main hearing centre was in Bream's Buildings, just off
72:
On 15 February 2010, the
Tribunal was abolished and its functions transferred to the new Asylum and Immigration Chamber of the
62:
284:(Inner House) in Scotland. Permission is required for such an appeal either from the Tribunal itself or the relevant court.
335:
108:) with the right of subsequent appeal to the Immigration Appeal Tribunal (IAT) (whose members were appointed by the
113:
404:
394:
124:
The predecessor of the AIT, the
Immigration Appellate Authority (IAA), was an independent judicial body in the
129:
226:
Procedure is governed by the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230).
73:
132:. It consisted of two tiers:Immigration Adjudicators and the Immigration Appeal Tribunal (IAT).
17:
66:
281:
250:
135:
Immigration Adjudicators considered appeals against decisions made by Immigration Officers,
339:
171:
136:
109:
58:
215:
is usually represented by Home Office Presenting Officers ("HOPOs"); specially trained
140:
125:
105:
42:
378:
216:
212:
175:
211:, and those registered with the Office of the Immigration Service Commissioner. The
148:
46:
354:
321:
254:
101:
54:
160:
152:
332:
208:
200:
144:
258:
219:. For some significant cases, the Home Office instructs a barrister from
204:
38:
164:
235:
50:
246:
156:
61:
decisions. It was created on 4 April 2005, replacing the former
188:
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
269:
reconsideration, he may order the AIT to reconsider.
370:
Seeking Refuge? A handbook for asylum-seeking women
390:Former courts and tribunals in the United Kingdom
65:(IAA), and fell under the administration of the
304:Office of the Immigration Services Commissioner
280:(Civil Division) in England and Wales, or the
8:
415:Courts and tribunals disestablished in 2010
78:Tribunals, Courts and Enforcement Act 2007
410:2005 establishments in the United Kingdom
420:Courts and tribunals established in 2005
314:
299:Special Immigration Appeals Commission
85:Special Immigration Appeals Commission
400:Right of asylum in the United Kingdom
7:
170:The IAT dealt with applications for
25:
385:Immigration to the United Kingdom
294:Immigration to the United Kingdom
234:Ordinarily, there is no right to
63:Immigration Appellate Authority
31:Asylum and Immigration Tribunal
18:Asylum and immigration tribunal
342:Service Commissioner Procedure
1:
143:, with permanent centres in
114:Immigration Appeals Act 1969
112:) was first created by the
104:(who were appointed by the
436:
100:The system of appeals to
238:a decision of the AIT.
182:The creation of the AIT
128:constituted under the
333:Immigration Solicitor
223:to conduct the case.
178:, in Central London.
130:Immigration Act 1971
74:First-tier Tribunal
41:constituted in the
338:2015-12-15 at the
106:Secretary of State
322:Tribunals Service
147:in inner London,
139:officers and the
67:Tribunals Service
16:(Redirected from
427:
405:Asylum tribunals
365:More legislation
343:
330:
324:
319:
282:Court of Session
251:Court of Session
21:
435:
434:
430:
429:
428:
426:
425:
424:
395:Immigration law
375:
374:
351:
346:
340:Wayback Machine
331:
327:
320:
316:
312:
290:
278:Court of Appeal
245:in England and
232:
230:Further appeals
197:
184:
172:leave to appeal
137:entry clearance
122:
110:Lord Chancellor
98:
93:
76:created by the
23:
22:
15:
12:
11:
5:
433:
431:
423:
422:
417:
412:
407:
402:
397:
392:
387:
377:
376:
373:
372:
367:
362:
357:
350:
349:External links
347:
345:
344:
325:
313:
311:
308:
307:
306:
301:
296:
289:
286:
231:
228:
217:Civil Servants
196:
193:
183:
180:
141:Home Secretary
126:United Kingdom
121:
118:
97:
94:
92:
89:
43:United Kingdom
24:
14:
13:
10:
9:
6:
4:
3:
2:
432:
421:
418:
416:
413:
411:
408:
406:
403:
401:
398:
396:
393:
391:
388:
386:
383:
382:
380:
371:
368:
366:
363:
361:
358:
356:
353:
352:
348:
341:
337:
334:
329:
326:
323:
318:
315:
309:
305:
302:
300:
297:
295:
292:
291:
287:
285:
283:
279:
274:
270:
266:
262:
260:
256:
252:
248:
244:
239:
237:
229:
227:
224:
222:
218:
214:
213:UK government
210:
206:
202:
194:
192:
189:
181:
179:
177:
176:Chancery Lane
173:
168:
166:
162:
158:
154:
150:
146:
142:
138:
133:
131:
127:
119:
117:
116:(1969 c.21).
115:
111:
107:
103:
95:
90:
88:
86:
81:
79:
75:
70:
68:
64:
60:
56:
52:
48:
44:
40:
36:
32:
27:
19:
328:
317:
275:
271:
267:
263:
240:
233:
225:
198:
185:
169:
149:Hatton Cross
134:
123:
102:adjudicators
99:
82:
71:
47:jurisdiction
34:
30:
28:
26:
360:Legislation
355:AIT website
255:Outer House
55:immigration
379:Categories
310:References
243:High Court
209:solicitors
201:barristers
161:Manchester
153:Birmingham
53:from many
205:advocates
195:Procedure
145:Islington
336:Archived
288:See also
259:Scotland
49:to hear
39:tribunal
37:) was a
249:or the
165:Glasgow
120:The IAA
96:Origins
91:History
51:appeals
236:appeal
59:asylum
257:) in
247:Wales
157:Leeds
45:with
221:TSol
186:The
163:and
83:The
57:and
29:The
35:AIT
381::
207:,
203:,
167:.
159:,
155:,
151:,
80:.
69:.
253:(
33:(
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.