Knowledge (XXG)

Asylum and Immigration Tribunal

Source 📝

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:)

Index

Asylum and immigration tribunal
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

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.