First of two consultation opens, covers accelerated detained appeals, priority removal notices and age assessments
The Tribunal Procedure Committee (TPC) on Thursday opened a consultation on possible changes to the Tribunal Procedure (Firsttier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and the Tribunal Procedure (Upper Tribunal) Rules 2008 arising from the Nationality and Borders Act 2022 (NBA).
Image credit: UK GovernmentConsultation materials can be accessed here on GOV.UK. Anyone wishing to respond to the consultation has until 19 January 2023.
The TPC notes that this will be the first of two consultations.
The 44-page consultation document states: "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. These are the matters which the TPC regards as the most significant arising for it from the NBA. The consultation also deals with s19 requirements relating to Tribunal reasons and credibility decisions, since this is, in drafting terms, a minor change."
In addition, the consultation also deals with a potential change to the rules in relation to expert witnesses. While this is not required by provisions of the NBA, the TPC noted: "The New Plan for Immigration … did consider the possibility of greater use of joint experts within the IAC and the TPC understands from Ministry of Justice officials that further work is being considered in this area. This has led the TPC to consider the current rules regarding experts. The TPC is considering the possibility of harmonising them with similar rules in other chambers which explicitly provide for the possibility of a joint expert. This is also addressed in this consultation, since it is, in drafting terms, a minor change."
A second consultation will be launched in 2023 to consider the required changes to rules relating to costs.
The TPC's consultation document provides the following handy overview of the sections of the Nationality and Borders Act 2022 which require certain procedural rules to be made and will, therefore, be considered by the two consultations:
• s19, which amends s8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 to require Tribunal Procedural Rules to secure that the reasons produced by a Tribunal must include a statement explaining whether the Tribunal considers that the claimant has engaged in behaviour to which s8 applies (which, in broad terms, is behaviour designed or likely to conceal information, to mislead or to obstruct or delay the handling of an asylum claim) and, if so, how the Tribunal has taken account of that behaviour in making its decision.
• ss22, 23 and 24 which relate to rules arising from priority removal notices.
• s27 which relates to accelerated detained appeals.
• s54 and s55 which extend the First-tier Tribunal's jurisdiction to deal with age assessments.
• s80 which relates to the Tribunal having a charging power in respect of wasted Tribunal resources.
• s81 which requires Tribunal Procedure Rules to prescribe conduct that, in the absence of evidence to the contrary, is to be treated as improper, unreasonable or negligent in relation to costs orders.