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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011 No. 2342 URL: http://www.bailii.org/uk/legis/num_reg/2011/uksi_20112342_en_1.html |
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Statutory Instruments
Tribunals And Inquiries
Made
22nd September 2011
Laid before Parliament
26th September 2011
Coming into force
17th October 2011
The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the power conferred by section 7(1) and (9) of the Tribunals, Courts and Enforcement Act 2007(1).
1. This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011 and shall come into force on 17th October 2011.
2. The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010(2) is amended as follows.
3. In article 10(b) (functions of the Administrative Appeals Chamber) after "11(c)" insert "or (d)".
4. After article 11(c) (functions of the Immigration and Asylum Chamber of the Upper Tribunal) insert the following sub-paragraph-
"(d)an application meeting the condition specified in section 31A(8) of the Senior Courts Act 1981(3) made to the Upper Tribunal or transferred to it by the High Court in England and Wales, to grant the relief mentioned in section 15(1) (Upper Tribunal's "judicial review" jurisdiction) of the Tribunals, Courts and Enforcement Act 2007."
5. In article 12(a)(ii) (functions of the Lands Chamber) for the words "a valuation tribunal in Wales" substitute "the Valuation Tribunal for Wales".
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
22nd September 2011
I concur
Robert Carnwath
Senior President of Tribunals
22nd September 2011
(This note is not part of the Order)
This Order amends the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 ("the 2010 Order"). The 2010 Order organised the First-tier Tribunal and the Upper Tribunal into chambers and allocated functions between the chambers of those tribunals.
This Order adds a new function to the Immigration and Asylum Chamber of the Upper Tribunal. Where certain applications for judicial review are either made directly to the Upper Tribunal or transferred from the High Court in England and Wales to the Upper Tribunal, those applications will be allocated to the Immigration and Asylum Chamber of that Tribunal.
An application meeting the condition specified in section 31A(8) of the Senior Courts Act 1981 is one which calls into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim, within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002, wholly or partly on the basis that they are not significantly different from material that has previously been considered (whether or not it calls into question any other decision). These applications are commonly referred to as -�fresh claim' judicial reviews.
1981 c.54. Section 31A was inserted by section 19(1) of the Tribunals, Courts and Enforcement Act 2007(c.15) and subsections (2A) and (8) of section 31A were inserted by section 53(1) of the Borders, Citizenship and Immigration Act 2009 (c.11).
Statutory Instruments
Tribunals And Inquiries
Made
22nd September 2011
Laid before Parliament
26th September 2011
Coming into force
17th October 2011
The Lord Chancellor, with the concurrence of the Senior President of Tribunals, makes the following Order in exercise of the power conferred by section 7(1) and (9) of the Tribunals, Courts and Enforcement Act 2007(1).
1. This Order may be cited as the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2011 and shall come into force on 17th October 2011.
2. The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010(2) is amended as follows.
3. In article 10(b) (functions of the Administrative Appeals Chamber) after "11(c)" insert "or (d)".
4. After article 11(c) (functions of the Immigration and Asylum Chamber of the Upper Tribunal) insert the following sub-paragraph-
"(d)an application meeting the condition specified in section 31A(8) of the Senior Courts Act 1981(3) made to the Upper Tribunal or transferred to it by the High Court in England and Wales, to grant the relief mentioned in section 15(1) (Upper Tribunal's "judicial review" jurisdiction) of the Tribunals, Courts and Enforcement Act 2007."
5. In article 12(a)(ii) (functions of the Lands Chamber) for the words "a valuation tribunal in Wales" substitute "the Valuation Tribunal for Wales".
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
22nd September 2011
I concur
Robert Carnwath
Senior President of Tribunals
22nd September 2011
(This note is not part of the Order)
This Order amends the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 ("the 2010 Order"). The 2010 Order organised the First-tier Tribunal and the Upper Tribunal into chambers and allocated functions between the chambers of those tribunals.
This Order adds a new function to the Immigration and Asylum Chamber of the Upper Tribunal. Where certain applications for judicial review are either made directly to the Upper Tribunal or transferred from the High Court in England and Wales to the Upper Tribunal, those applications will be allocated to the Immigration and Asylum Chamber of that Tribunal.
An application meeting the condition specified in section 31A(8) of the Senior Courts Act 1981 is one which calls into question a decision of the Secretary of State not to treat submissions as an asylum claim or a human rights claim, within the meaning of Part 5 of the Nationality, Immigration and Asylum Act 2002, wholly or partly on the basis that they are not significantly different from material that has previously been considered (whether or not it calls into question any other decision). These applications are commonly referred to as -�fresh claim' judicial reviews.
1981 c.54. Section 31A was inserted by section 19(1) of the Tribunals, Courts and Enforcement Act 2007(c.15) and subsections (2A) and (8) of section 31A were inserted by section 53(1) of the Borders, Citizenship and Immigration Act 2009 (c.11).
