Consultation outcome

Possible changes to the First-tier Tribunal (Immigration and Asylum Chamber) Rules and the Upper Tribunal Rules arising from Nationality and Borders Act 2022

• From: Tribunal Procedure Committee
• Published: 27 October 2022
• Last updated: 12 April 2023 — See all updates

This consultation has concluded

Read the full outcome

Consultation response

PDF, 294 KB, 24 pages

Amendments the First-tier Tribunal (IAC) Rules: NBA implementation

PDF, 282 KB, 13 pages

Amendments to the Upper Tribunal Rules: NBA implementation

PDF, 252 KB, 14 pages

Detail of outcome

The purpose of this consultation was to seek views on possible changes to the First-tier Tribunal (Immigration and Asylum) Rules and the Upper Tribunal Rules arising from the Nationality and Borders Act (NBA) 2022.

At present the government no longer intends, at least in the short term, to bring the relevant provisions of the NBA into force. Since the rules that the TPC was preparing to make arose out of the requirements of the NBA, the TPC concluded that it would be inappropriate to proceed with the rules.

The TPC has been told that the provisions in the NBA may be brought into force at a future date. If this occurs, the TPC will consider what implications this has for the First-tier Tribunal (Immigration and Asylum) Rules and Upper Tribunal Rules.

The TPC has concluded that it is still appropriate and important to publish this consultation reply and associated Keeling schedules.

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Original consultation

Summary

The Tribunal Procedure Committee (TPC) is interested in your views as to potential changes to the Immigration and Asylum Chamber Rules and the Upper Tribunal Rules arising from the Nationality and Borders Act 2022 (NBA) and the New Plan for Immigration (NPI) programme.

This consultation ran from
10am on 27 October 2022 to 11:59pm on 19 January 2023

Consultation description

The TPC seeks views on the following matters.

Given the significant volume of potential changes involved as a result of the NBA and the need for the TPC to consult on them, the TPC intends to proceed in two stages.

This consultation will deal with rules changes arising from accelerated detained appeals, priority removal notices and age assessment. The consultation also deals with Schedule 19 requirements relating to Tribunal reasons and credibility decisions.

The consultation also deals with a potential change to the rules in relation to expert witnesses. This is not required by provisions of the NBA.

The NPI programme, however, did consider the possibility of greater use of joint experts within the Immigration and Asylum Chamber (First-tier Tribunal) and the TPC understands from Ministry of Justice officials that further work is being considered in this area.

Responses to the consultation will be considered by the TPC.

Documents

Consultation document

PDF, 499 KB, 44 pages

Questionnaire

MS Word Document, 36.5 KB

Published 27 October 2022
Last updated 12 April 2023 + show all updates

1. 12 April 2023

   Consultation response published.

2. 27 October 2022

   First published.