Borders, Citizenship and Immigration Bill [HL] — Report (2nd Day) — fresh asylum claims and appeals — 1 Apr 2009 at 19:53
Amendment 56B
Moved by Lord Kingsland
56B Leave out Clause 52 and insert the following Clause—
“Fresh claim applications
The Secretary of State must by affirmative order make provision for the transfer of fresh claim applications made under rule 353 of the Immigration Rules to the Upper Tribunal.
The Administrative Court has the discretion to determine whether an application to it falls exclusively within the category of a fresh claim application.
An order made under subsection (1) may not be made until the Asylum and Immigration jurisdiction has been transferred to the First Tier Tribunal and Upper Tribunal.
Section 13(6) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (right to appeal to Court of Appeal etc.) shall not apply to asylum and immigration appeals from the Upper Tribunal.”
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