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14/10/2004
'Faster, fairer' asylum appeal system to be in place next year
A new asylum appeals system will be introduced next year which will see a "fast, fair and efficient service", according to the government.
The new asylum and immigration appeals system will begin April 4, the Department for Constitutional Affairs (DCA) announced today.
The Asylum and Immigration Tribunal (AIT) will deal with immigration and asylum appeals. It will be formed by merging the Immigration Adjudicators and Immigration Appeal Tribunal.
Mr Justice Hodge has been appointed President Designate of the new AIT, having previously been Chief Adjudicator of the Immigration Appellate Authority (IAA).
Asylum Appeals Minister Baroness Ashton said: "The Asylum and Immigration Tribunal will provide a fast, fair and efficient service. Decisions will be reached within a reasonable amount of time. This will provide finality for those who wish to stay in Britain.
"Neither the taxpayer nor the genuine asylum seeker benefits from an appeals process that can take over a year to complete, with opportunities to appeal that have little chance of success but can be used to delay the process and prevent removal."
The AIT will have the flexibility to "deal fairly and efficiently" with each case. Most AIT cases will be heard by a single judge, but more complex cases will be heard by a panel.
If someone wishes to challenge an AIT decision they can apply for a High Court review on the grounds that there has been an error in law. If successful, the case will be sent back to the AIT for reconsideration.
But if a case has been heard by a panel of three or more legally qualified members it will not go to the review and reconsideration process. Instead, the parties will be able to apply for permission to appeal to the Court of Appeal.
The DCA will later this month begin consulting with lawyers and other interested parties.
(gmcg/mb)
The new asylum and immigration appeals system will begin April 4, the Department for Constitutional Affairs (DCA) announced today.
The Asylum and Immigration Tribunal (AIT) will deal with immigration and asylum appeals. It will be formed by merging the Immigration Adjudicators and Immigration Appeal Tribunal.
Mr Justice Hodge has been appointed President Designate of the new AIT, having previously been Chief Adjudicator of the Immigration Appellate Authority (IAA).
Asylum Appeals Minister Baroness Ashton said: "The Asylum and Immigration Tribunal will provide a fast, fair and efficient service. Decisions will be reached within a reasonable amount of time. This will provide finality for those who wish to stay in Britain.
"Neither the taxpayer nor the genuine asylum seeker benefits from an appeals process that can take over a year to complete, with opportunities to appeal that have little chance of success but can be used to delay the process and prevent removal."
The AIT will have the flexibility to "deal fairly and efficiently" with each case. Most AIT cases will be heard by a single judge, but more complex cases will be heard by a panel.
If someone wishes to challenge an AIT decision they can apply for a High Court review on the grounds that there has been an error in law. If successful, the case will be sent back to the AIT for reconsideration.
But if a case has been heard by a panel of three or more legally qualified members it will not go to the review and reconsideration process. Instead, the parties will be able to apply for permission to appeal to the Court of Appeal.
The DCA will later this month begin consulting with lawyers and other interested parties.
(gmcg/mb)
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