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Updated Practice Statement from the SPT: Delegation of functions to legal officers in the First-Tier Tribunal (Immigration And Asylum Chamber)

1. The Senior President of Tribunals hereby authorises members of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 or section 2(1) of the Courts Act 2003 and designated as ‘Legal Officers’ by the Chamber President to carry out the following functions of the Immigration and Asylum Chamber of the First-tier Tribunal under the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 to the extent that the individual Legal Officer has been authorised to exercise those functions by the Chamber President:

a. Giving directions in relation to the conduct or disposal of proceedings under rule 4(2), including conducting Case Management Appointments;
b. Case management powers under rule 4(3)-(i), and (k));
c. Striking out of an appeal for non-payment of fee and reinstatement under rule 7;
d. Directing a party to show cause why an Order for wasted costs should not be made under rule 9, but NOT the making of the actual Order;
e. Treating an appeal as abandoned under rule 16;
f. Withdrawal functions under rule 17;
g. Notice of appeal functions under rule 19 (with the exception of rule 19(7));
h. Late notice of appeal functions under rule 20;
i. Deciding not to accept a notice of appeal under rule 22;
j. Issuing directions consequent upon any failure to comply with the mandatory requirements under rules 23, 24 and 24A in relation to entry clearance and other cases;
k. Correcting clerical mistakes and accidental slips or omissions under rule 31;
l. Considering bail applications under rule 39(3).

2. All functions must be exercised in accordance with guidance issued by the Chamber President.

3. In accordance with rule 3(4), within 14 days after the date that the Tribunal sends notice of a decision made by a Legal Officer pursuant to an authorisation under paragraph 1 above to a party, that party may apply in writing to the Tribunal for the decision to be considered afresh by a judge.

Sir Keith Lindblom
Senior President of Tribunals

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