Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

April 4 2005 saw the introduction of the new one tier Asylum and Immigration Tribunal ( "the AIT") under the provisions of this new Act. This replaces the old two tier system of the adjudicator and Immigration Appeal Tribunal. Anyone working in this increasingly complex field will have to come to grips with the new Act. For those wanting to challenge a decision of the AIT made on or after 4 April to refuse an asylum, human rights or many immigration appeals, the first step will be to ask the AIT to reconsider the decision in question by way of an application for internal review under Rule 26 of the new procedure rules, the Immigration and Asylum (Procedure) Rules 2005 (SI 2005/ No. 230 (L.1). If the reconsideration is refused, then in those cases where the AIT sat in Scotland to hear the appeal, a petition for statutory review can be presented to the Court of Session in Edinburgh. The Court Rules are in the Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Asylum and Immigration ( Treatment of Claimants, etc.) Act 2004) 2005 (SSI 2005 / No. 198). There are complex transitional provisions for cases pending but not determined before 4 April-see the Asylum and Immigration ( Treatment of Claimants, etc. ) Act 2004 ( Commencement No. 5 and Transitional Provisions) Order 2005 (SI 2005 /No.565 (c.25). All of these provisions can be found on the HMSO site http://www.hmso.gov.uk . As always in this field the time limits for action are very tight.