Asylum and Immigration Tribunal
Encyclopedia
The Asylum and Immigration Tribunal (AIT) was a tribunal
constituted in the United Kingdom
with jurisdiction
to hear appeal
s from many immigration
and asylum
decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA) and fell under the administration of the Tribunals Service
.
On 15 February 2010, the Tribunal was abolished and its functions transferred to the new Asylum and Immigration Chamber of the First-tier Tribunal
created by the Tribunals, Courts and Enforcement Act 2007
.
The Special Immigration Appeals Commission
(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.
s (who were appointed by the Secretary of State
) with the right of subsequent appeal to the Immigration Appeal Tribunal (IAT) (whose members were appointed by the Lord Chancellor
) was first created by the Immigration Appeals Act 1969 (1969 c.21).
constituted under the Immigration Act 1971
. It consisted of two tiers: immigration adjudicators and the Immigration Appeal Tribunal (IAT).
Immigration Adjudicators considered appeals against decisions made by Immigration Officers, entry clearance officers and the Home Secretary
, with permanent centres in Islington
in inner London, Hatton Cross, Birmingham
, Leeds
, Manchester
and Glasgow
.
The IAT dealt with applications for leave to appeal and appeals against decisions made by the Immigration Adjudicators, the main hearing centre was in Breams Buildings, just off Chancery Lane
, in Central London.
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, the former 'regional adjudicators became Senior Immigration Judges, who are mostly involved in reconsideration applications for previously dismissed appeals.
s, advocate
s, solicitor
s, and those registered with the Office of the Immigration Service Commissioner. The UK government is usually represented by Home Office Presenting Officers ("HOPOs"); specially trained Civil Servants. For some significant cases, the Home Office instructs a barrister from TSol
to conduct the case.
Procedure is governed by the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230).
a decision of the AIT.
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 High Court in England and Wales
or the Court of Session
(Outer House
) in Scotland
. 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-in" to the High Court or Court of Session.
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 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.
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 reconsideration, he may order the AIT to reconsider.
A successful application comes before the AIT for reconsideration. Most of these cases are heard at the old IAT, at Field House, Breams 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 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.
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 Court of Appeal
(Civil Division) in England and Wales, or the Court of Session
(Inner House) in Scotland. Permission is required for such an appeal either from the Tribunal itself or the relevant court.
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
constituted in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
with jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from many immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
and asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA) and fell under the administration of the Tribunals Service
Tribunals Service
The Tribunals Service was an executive agency of the Ministry of Justice in the United Kingdom between April 2006 and March 2011.The Tribunals Service was responsible for:*Adjudicator for HM Land Registry*Asylum and Immigration Tribunal...
.
On 15 February 2010, the Tribunal was abolished and its functions transferred to the new Asylum and Immigration Chamber of the First-tier Tribunal
First-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
created by the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
.
The Special Immigration Appeals Commission
Special Immigration Appeals Commission
The Special Immigration Appeals Commission is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by the Home Secretary under various statutory powers, and usually related to matters of...
(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.
Origins
The system of appeals to adjudicatorAdjudicator
An adjudicator is someone who presides, judges and arbitrates during a formal dispute. The term adjudicator essentially means a judge, without invoking the legal term. An ombudsman is a type of adjudicator in local government in the United Kingdom....
s (who were appointed by the Secretary of State
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
) with the right of subsequent appeal to the Immigration Appeal Tribunal (IAT) (whose members were appointed by the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
) was first created by the Immigration Appeals Act 1969 (1969 c.21).
The IAA
The predecessor of the AIT, the Immigration Appellate Authority (IAA), was an independent judicial body in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
constituted under the Immigration Act 1971
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
. It consisted of two tiers: immigration adjudicators and the Immigration Appeal Tribunal (IAT).
Immigration Adjudicators considered appeals against decisions made by Immigration Officers, entry clearance officers and the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, with permanent centres in Islington
Islington
Islington is a neighbourhood in Greater London, England and forms the central district of the London Borough of Islington. It is a district of Inner London, spanning from Islington High Street to Highbury Fields, encompassing the area around the busy Upper Street...
in inner London, Hatton Cross, Birmingham
Birmingham
Birmingham is a city and metropolitan borough in the West Midlands of England. It is the most populous British city outside the capital London, with a population of 1,036,900 , and lies at the heart of the West Midlands conurbation, the second most populous urban area in the United Kingdom with a...
, Leeds
Leeds
Leeds is a city and metropolitan borough in West Yorkshire, England. In 2001 Leeds' main urban subdivision had a population of 443,247, while the entire city has a population of 798,800 , making it the 30th-most populous city in the European Union.Leeds is the cultural, financial and commercial...
, Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...
and Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
.
The IAT dealt with applications for leave to appeal and appeals against decisions made by the Immigration Adjudicators, the main hearing centre was in Breams Buildings, just off Chancery Lane
Chancery Lane
Chancery Lane is the street which has been the western boundary of the City of London since 1994 having previously been divided between Westminster and Camden...
, in Central London.
The creation of the AIT
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
The Asylum and Immigration Act 2004 is an Act of the Parliament of the United Kingdom. It set various rules for immigrants to the United Kingdom...
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, the former 'regional adjudicators became Senior Immigration Judges, who are mostly involved in reconsideration applications for previously dismissed appeals.
Procedure
At hearings, asylum seekers and would-be immigrants are usually, but not invariably, represented by legal representatives including barristerBarrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
s, advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
s, solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s, and those registered with the Office of the Immigration Service Commissioner. The UK government is usually represented by Home Office Presenting Officers ("HOPOs"); specially trained Civil Servants. For some significant cases, the Home Office instructs a barrister from TSol
Treasury Solicitor's Department
The Treasury Solicitor's Department is the largest in-house legal organisation in the United Kingdom's Government Legal Service.The Department is headed by the Treasury Solicitor. This office goes back several centuries...
to conduct the case.
Procedure is governed by the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230).
Further Appeals
Ordinarily, there is no right to appealAppeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
a decision of the AIT.
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 High Court in England and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
or the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(Outer House
Outer House
The Outer House is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House...
) in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. 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-in" to the High Court or Court of Session.
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 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.
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 reconsideration, he may order the AIT to reconsider.
A successful application comes before the AIT for reconsideration. Most of these cases are heard at the old IAT, at Field House, Breams 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 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.
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 Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
(Civil Division) in England and Wales, or the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
(Inner House) in Scotland. Permission is required for such an appeal either from the Tribunal itself or the relevant court.
See also
- Immigration to the United KingdomImmigration to the United KingdomImmigration to the United Kingdom of Great Britain and Northern Ireland since 1922 has been substantial, in particular from Ireland and the former colonies and other territories of the British Empire - such as India, Bangladesh, Pakistan, the Caribbean, South Africa, Kenya and Hong Kong - under...
- Special Immigration Appeals CommissionSpecial Immigration Appeals CommissionThe Special Immigration Appeals Commission is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by the Home Secretary under various statutory powers, and usually related to matters of...
- Right of asylumRight of asylumRight of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
- Office of the Immigration Services CommissionerOffice of the Immigration Services CommissionerThe Office of the Immigration Services Commissioner is the United Kingdom regulator of the immigration advice industry whose powers stem from the Immigration and Asylum Act 1999.-OISC immigration advisers:...
- Henry HodgeHenry HodgeSir Henry Egar Garfield Hodge, OBE , styled The Hon. Mr Justice Hodge, was an English solicitor and judge of the High Court of England and Wales....
External links
- AIT website
- Legislation
- More legislation
- Seeking Refuge? A handbook for asylum-seeking women, rightsofwomen.org.uk