- BY Colin Yeo
New Procedure Rules come into effect 20 October 2014
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As predicted, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are official and come into effect on 20 October 2014. More analysis to follow in due course for Free Movement Members. Headline changes seem to me to be that:
- Costs can be awarded in the First-tier Tribunal and therefore also the Upper Tribunal Immigration and Asylum Chambers, but only in fairly limited circumstances and not as a matter of routine (rule 9).
- Appeals may continue even where a decision is withdrawn by the Home Office (rule 17(2)). Leave a comment if you spot anything else interesting.
- The Home Office no longer gets notification of asylum decisions before the asylum seeker (rule 29).
It has been thought that the new appeal provisions would come into effect at the same time as the new rules. There is no sign of a commencement order to that effect yet, but keep your eyes peeled!
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2 responses
Dear Colin,
What conditions need to be met under the 2014 Immigration Act to continue with an appeal if the HOPO withdraws decision during the hearing?
There isn’t any protection in the Act against that, but since 20 Oct under the new procedure rules the tribunal has to agree first and can continue with the appeal. Certainly withdrawing a decision in order then to certify a future appeal looks like abuse of process.