Tribunal appeals – legislation changes to asylum seekers

As reported yesterday in the Telegraph, new secondary legislation introduced by the Government means that asylum seekers will no longer be notified straight away when they lose their Tribunal appeals .

The legislation in question, the Tribunal Procedure (Amendment No. 2) Rules 2014, amends rule 40A of the Tribunal Procedure (Upper Tribunal) Rules 2008.

It means that from June 30th, it will be the Home Office’s duty to notify an appellant of the Tribunal’s decision, whereas currently the appellant is notified at the same time as the Home Office.

According to the Telegraph, the change was made in attempt to stop asylum seekers absconding before they can be removed.

A Ministry of Justice spokesman told the Telegraph: “This amended procedural rule allows for the first-tier and upper tribunals to serve a final decision notice on the Home Office for onward service on the appellant, as they do with other types of asylum appeal decisions.”

“This will enable the Home Office to consider any additional arrangements that may be necessary when serving the decision on the appellant, such as taking measures to prevent the parties absconding or ensuring the vulnerable receive additional support.”

You might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:

  • refused your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
  • refused your human rights claim
  • made a decision under the European Economic Area (EEA) Regulations, eg the Home Office has decided to deport you or refused to issue you a residence document
  • decided to revoke your protection status
  • decided to take away your British citizenship