Tribunal Procedure Committee
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.
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.