Asylum and Immigration (Treatment of Claimants, Etc.) Bill — Clause 11 — Unification of appeal system — 1 Mar 2004 at 21:00

Amendment proposed: No. 93, in page 11, line 25, at end insert-

'(5A) A party to the Tribunal's decision may apply within 7 days to the High Court or, in Scotland, to the Court of Session for review of the Tribunal's decision on the ground that the Tribunal made an error of law.

(5B) Where an application is made under this subsection-

(a) it shall be determined by a single judge by reference only to written submissions, unless the court on receiving such submissions is of the opinion that there are exceptional reasons for an oral hearing;

(b) the judge may affirm or reverse the Tribunal's decision, or remit for rehearing to the Tribunal;

(c) if, in any application to the High Court, the judge thinks that the application had no merit he shall issue a certificate under this paragraph.

(5C) Where the High Court or in Scotland the Court of Session affirms or reverses a review under this section a party to the review may bring an appeal as a point of law within 7 days-

(a) where the original decision was that of a judge of the Court of Session in Scotland to the Inner House of that Court; or

(b) in any other case, to the Court of Appeal.

(5D) An appeal under subsection (5C) may be brought only with the permission of-

(a) the court that made it, or

(b) the court referred to in subsection (5C)(a) or (b) if the High Court or Court of Session in Scotland refuses permission.

(5E) An application made under subsection (5D)(b) must be made within 7 days of the refusal of permission to appeal by the High Court or Court of Appeal.'-[Mr. Grieve.]

Question put, That the amendment be made:-

The House divided: Ayes 188, Noes 310.

Debate in Parliament | Historical Hansard | Source |