Asylum and Immigration Tribunal
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The Asylum and Immigration Tribunal (AIT) is a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration decisions. It was created on 4 April 2005, replacing the former Immigration Appellate Authority (IAA).
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History
Origins
The system of appeals to adjudicators (who were appointed by the Secretary of State) with the right of subsequent appeal to the Immigration Appeal Tribunal (IAT) (whose members were appointed by the Lord Chancellor) was first created by the Immigration Appeals Act 1969 (1969 c.21).
The IAA
The predecessor of the AIT, the Immigration Appellate Authority (IAA), was an independent judicial body in the United Kingdom constituted under the Immigration Act of 1971. It consisted of two tiers: immigration adjudicators and the IAT.
Immigration Adjudicators considered appeals against decisions made by Immigration Officers, Entry Clearance Officers and the Home Secretary, with permanent centres in Islington in Central London, Hatton Cross, Birmingham, Leeds, Manchester and Glasgow.
The Immigration Appeal Tribunal(IAT) dealt with applications for leave to appeal and appeals against decisions made by the Immigration Adjudicators, the main hearing centre being just off The Strand in Central London.
The creation of the AIT
The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 abolished the two tier structure of the IAA and created a single tier tribunal. All former adjudicators and members of the IAT became members of the new AIT.
Procedure
At hearings, immigrants are represented by legal representatives including barristers, advocates, solicitors, and those registered with the Office of the Immigration Service Commissioner. The UK government is represented by Home Office Presenting Officers ("HOPOs"); specially trained Civil Servants.
Procedure is governed by the Asylum and Immigration Tribunal (Procedure) Rules 2005 (SI 2005/230).
Further Appeals
Ordinarily, there is no right to appeal a decision of the AIT as such.
The AIT makes most initial decisions through a single immigration judge. Such decisions can be "reconsidered". An order for reconsideration is sought by making a written request to the High Court in England and Wales or the Court of Session (Outer House) in Scotland. For an indefinite period requests for reconsideration orders will be considered initially by Immigration judges of the AIT ("the filter"); should the request be refused a party can "opt-in" to the High Court or Court of Session.
If that request is successful, the case will return to the AIT for a re-hearing.
After a re-hearing, or if the AIT which hears a case for the first time has a 3 or more members, the decision may only be challenged by an appeal to the Court of Appeal (Civil Division) in England and Wales, or the Court of Session (Inner House) in Scotland. Permission is required for such an appeal either from the Tribunal itself or the relevant court.