Made | 20th February 2003 | ||
Laid before Parliament | 24th February 2003 | ||
Coming into force | in accordance with rule 1 |
(c) in the headings of rules 54.2 and 54.3, for "Part" substitute "Section";
(d) in rule 54.4, and in rule 54.16, for "Part" substitute "Section";
(e) in rule 54.20, in sub-paragraph (a), for "Part" substitute "Section"; and
(f) after rule 54.20, insert Section II as set out in Part 2 of the Schedule to these Rules.
Phillips of Worth Matravers,
M. R.
Andrew Morritt,
V-C.
Anthony May,
L. J.
Stephen Oliver-Jones
Carlos Dabezies
Steven Whitaker
Michael Black
Michelle Stevens-Hoare
Philip Rainey
Tim Parker
Juliet Herzog
Nicholas Burkill
Alan Street
Ahmad Butt
I allow these Rules
Irvine of Lairg,
C.
20th February 2003
I JUDICIAL REVIEW | |
Scope and interpretation | Rule 54.1 |
When this Section must be used | Rule 54.2 |
When this Section may be used | Rule 54.3 |
Permission required | Rule 54.4 |
Time limit for filing claim form | Rule 54.5 |
Claim form | Rule 54.6 |
Service of claim form | Rule 54.7 |
Acknowledgment of service | Rule 54.8 |
Failure to file acknowledgment of service | Rule 54.9 |
Permission given | Rule 54.10 |
Service of order giving or refusing permission | Rule 54.11 |
Permission decision without a hearing | Rule 54.12 |
Defendant etc. may not apply to set aside(GL) | Rule 54.13 |
Response | Rule 54.14 |
Where claimant seeks to rely on additional grounds | Rule 54.15 |
Evidence | Rule 54.16 |
Court's powers to hear any person | Rule 54.17 |
Judicial review may be decided without a hearing | Rule 54.18 |
Court's powers in respect of quashing orders | Rule 54.19 |
Transfer | Rule 54.20 |
II STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002 | |
Scope and interpretation | Rule 54.21 |
Application for review | Rule 54.22 |
Time limit for application | Rule 54.23 |
Service of application | Rule 54.24 |
Determining the application | Rule 54.25 |
Service of order | Rule 54.26 |
Costs | Rule 54.27 |
Application for review
54.22
(1) An application under section 101(2) of the Act must be made to the Administrative Court.
(2) The application must be made by filing an application notice.
(3) The applicant must file with the application notice -
(4) The applicant must also file with the application notice written submissions setting out -
(5) In paragraph (3)(a) of this rule, "decision" means an immigration decision within the meaning of section 82 of the Act, or a decision to reject an asylum claim to which section 83 of the Act applies.
Time limit for application
54.23
(1) The application notice must be filed not later than 14 days after the applicant is deemed to have received notice of the Tribunal's decision in accordance with rules made under section 106 of the Act.
(2) The court may extend the time limit in paragraph (1) in exceptional circumstances.
(3) An application to extend the time limit must be made in the application notice and supported by written evidence verified by a statement of truth.
Service of application
54.24
(1) The applicant must serve on the Tribunal copies of the application notice and written submissions.
(2) Where an application is for review of a decision by the Tribunal to grant permission to appeal, the applicant must serve on the other party copies of -
(3) Where documents are required to be served under paragraphs (1) and (2), they must be served as soon as practicable after they are filed.
Determining the application
54.25
(1) The application will be determined by a single judge without a hearing, and by reference only to the written submissions and the documents filed with them.
(2) If the applicant relies on evidence which was not submitted to the adjudicator or the Tribunal, the court will not consider that evidence unless it is satisfied that there were good reasons why it was not submitted to the adjudicator or the Tribunal.
(3) The court may affirm or reverse the Tribunal's decision.
(4) Where the Tribunal refused permission to appeal, the court will reverse the Tribunal's decision only if it is satisfied that -
(5) Where the Tribunal granted permission to appeal, the court will reverse the Tribunal's decision only if it is satisfied that -
(6) If the court reverses the Tribunal's decision to refuse permission to appeal -
(7) The court's decision shall be final and there shall be no appeal from that decision or renewal of the application.
Service of order
54.26
(1) The court will send copies of its order to -
(2) Where -
the court will send a copy of its order to the Secretary of State, who must serve the order on the applicant.
(3) Where the Secretary of State has served an order in accordance with paragraph (2), he must notify the court on what date and by what method the order was served.
(4) If the court issues a certificate under section 101(3)(d) of the Act, it will send a copy of the certificate together with the order to -
Costs
54.27
The court may reserve the costs of the application to be determined by the Tribunal.
[3] S.I. 1998/3132. Part 54 was inserted by S.I. 2000/2092. There are no other relevant amending instruments.back
© Crown copyright 2003 | Prepared 5 March 2003 |