12_IND_Onward_Appeal_Rights_1

Immigration Appeals Onward Appeal Rights

(Filter Mechanism)

Onward Appeal Rights - Filter Draft v0.8

Date of Service of AIT
Determination

In Country 5 days to apply and Out of

Country 28 days
Apply to High Court
(Filter
Mechanism)Appn.
lodged at AIT
AIT send NOR to all
parties.

10 days for decision

Grant
(Error of Law)
AIT inform all parties post/
e-mail
Paper review by AIT to
decide single judge, panel
hearing. Inform parties
20 days % of cases may be
adjourned for
further evidence.
Refuse
AIT inform all parties
(AIT to send Totals of Refused/Allowed cases to High Court)
iNc. form to 'opt in'
with decision
5 days to confirm
Note: If applicant 'opt in' received by HC AIT send file within 24
hrs
If no 'opt in' received by Day 8 (5+2) assume not applying
Applicant confirms High Court Review
'opt in' HC informs all parties if applicant *Fees will be paid direct to
High Court
has opted in within 24 hrs Restore appn.
under Sec.103C
(2g) to appropriate
High Court Determines Application court. COA informs
all parties

10 days for decision

Granted Refused
20 days HC informs all parties.
HC informs all
parties of decision Inc. cost order HC Refer
application up to
Tribunal Reconsiders
COA
Decision -oral Tribunal to decide if End
hearing panel, or single .......... High Court to inform LSC if costs given in
review- lists case case, if not, may be further appeal on grounds of
cost
10 for reconsideration
days
Directs determination set aside, Refer
administartive error, orders a re- application to
Tribunal hearing. File returned to AIT supervisory
Decision 10 days Permission to hearing centre for listing. judicial officer
Promulgated. Appeal COA ( via on paper.
Separate costs Tribunal)
order- order yes AIT informs other
or no Inc COA party of receipt 10 days for decision
appn. form if
refused. Refused
AIT inform all parties

10 days to apply

Granted Apply Permission

AIT informs all parties. AIT to Appeal (Court
forwards file to COA. of Appeal)

Granted Refused
COA inform all COA inform all
COA list and informs AIT and parties parties
all parties

Oral application
to COA for
Heard at Court of Appeal permission
(Substantive Oral
Hearing

Refused - COA
infrom all parties.
Affirm the Tribunal's Remit the appeal to Make any Decision the END
the Tribunal Affirm, vary or give a
Decision Tribunal could make
COA informs all section 87 direction
COA informs all COA informs all parties
parties COA informs all parties
parties