§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Baroness Ashton of Upholland)
On 7 March the Lord Chancellor made the following statutory instrument:
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 5 and Transitional Provisions) Order.54WS
The order, is made in accordance with Section 48(3)(a), (4), (5) and (6) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, hereafter referred to as the 2004 Act. This order commences Section 26 (unification of appeal system) of, and Schedules 1 and 2 to the 2004 Act on 4 April 2005. This order also contains transitional provisions in relation to pending appeals which were made to an adjudicator before 4 April 2005, and in relation to farther appeals and applications in such cases. Copies of the order have been made available to Members and Peers in the votes and printed pages office.
On 10 March, the Lord Chancellor also laid before Parliament the following statutory instruments.
The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005, and the Asylum and Immigration Tribunal (Fast Track Time Limits) Order 2005.
The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 are made in accordance with Sections 106(1)–(3) and 112(3) of the Nationality, Immigration and Asylum Act 2002 and Section 40A(3) of the British Nationality Act 1981, after consulting with the Council on Tribunals in accordance with Section 8 of the Tribunals and Inquiries Act 1992. These rules prescribe a "fast-track" procedure for appeals and applications to the Asylum and Immigration Tribunal, where the appellant is in detention under the Immigration Acts at the locations listed in Schedule 2 to the rules. The rules come into force on 4 April 2005.
The Asylum and Immigration Tribunal (Fast Track Time Limits) Order 2005 is made in accordance with Sections 26(8) and (9) of the 2004 Act, after consulting with the Lord Chief Justice in accordance with Section 26(10) of the 2004 Act. This order shortens the time limits for review applications made by parties to "fast-track" appeals to the Asylum and Immigration Tribunal. These are referred to as Section 103A applications.
For a transitional period, Section 103A applications will initially be considered by a member of the Asylum and Immigration Tribunal. If the tribunal member does not make an order for reconsideration or grant permission for the application to be made out of time, the applicant may notify the appropriate court, under Paragraph 30(5)(a) of Schedule 2 to the 2004 Act, that he wishes the court to consider the application.
This order reduces to two days the time limits for making the Section 103A application and for giving notice under Paragraph 30(5)(a), in cases where the fast-track procedure rules apply, so long as the appellant remains in detention when the application is made or notification is given. It comes into force on 4 April 2005.