HC Deb 19 April 2004 vol 420 cc86-7W
Mr. Keetch

To ask the Secretary of State for the Home Department how much time is given to applicants for political asylum to prepare their appeal after the receipt of a letter of refusal from the Immigration and Nationality Directorate; and if he will make a statement. [164213]

Mr. Browne

If an applicant for asylum is refused the time limits for lodging appeals are contained in the Immigration and Asylum Appeals (Procedure) Rules 2003 and the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003. These time limits do not start to run until the decision from the Immigration and Nationality Directorate (IND) has been served in accordance with the Immigration (Notices) Regulations 2003. Under these Regulations, if notice is given to the applicant's representatives, it is taken to have been given to the applicant. A summary of these limits is set out as follows.

If the asylum claim is certified by the Secretary of State as clearly unfounded within the meaning of section 94 of the Nationality, Immigration and Asylum Act 2002, the applicant may not bring an appeal while still in the United Kingdom. He or she may appeal from outside the United Kingdom, and has 28 days from his or her departure from the UK to lodge their appeal.

If the claim is not certified as clearly unfounded, the time limits to give notice of appeal are as follows:

  1. if the person is in the United Kingdom and is in detention under the Immigration Acts, he or she has five days to give notice of appeal;
  2. if the person is in the United Kingdom, but not in detention, he or she has 10 days to give notice of appeal;
  3. if the person is subject to the Fast Track process, he or she has two days to give notice of the appeal.

The notice of appeal is lodged with the Immigration and Nationality Directorate.

The time limits relate to lodging the notice of appeal. The time the person has to prepare for the actual appeal hearing will depend on when the Immigration Appellate Authority receives the appeal and lists it for hearing.

The relevant procedural rules also make provision for cases where the notice of appeal is given outside the applicable time limit.