Citation and commencement

1. This Order may be cited as the Asylum and Immigration (Fast Track Time Limits) Order 2005 and shall come into force on 4th April 2005.

Interpretation

2. —(1) In this Order—

(a) “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002( 2 );

(b) “the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;

(c) “the Fast Track Procedure Rules” means the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005( 3 );

(d) “the Tribunal” means the Asylum and Immigration Tribunal.

(2) Rule 3(5) of the Fast Track Procedure Rules applies for the purpose of articles 3 and 4 of this Order as it applies for the purpose of rules 5 and 15 of those Rules.

Time limit for making review application

3. —(1) This article applies in relation to an application under section 103A(1) of the 2002 Act for a review of the Tribunal’s decision on an appeal where—

(a) Part 2 of the Fast Track Procedure Rules applied at all times to the appeal to the Tribunal; and

(b) the appellant has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to the Fast Track Procedure Rules since being served with notice of the immigration decision against which he is appealing.

(2) The period of time within which the application must be made in the cases specified in section 103A(3)(a) and (c) of the 2002 Act shall be 2 days beginning with the date on which the applicant is treated in accordance with rules under section 106 of the 2002 Act as receiving notice of the Tribunal’s decision.

Time limit for notifying appropriate court following review by Tribunal member

4. —(1) This article applies in relation to an application under section 103A of the 2002 Act for a review of the Tribunal’s decision on an appeal where—

(a) Section 1 of Part 3 of the Fast Track Procedure Rules applied at all times to the consideration of the application by a member of the Tribunal under paragraph 30(2) of Schedule 2 to the 2004 Act; and

(b) the appellant has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to the Fast Track Procedure Rules since being served with notice of the immigration decision against which he is appealing.

(2) The period of time within which the applicant must give notification to the appropriate court under paragraph 30(5)(b) of Schedule 2 to the 2004 Act shall be 2 days beginning with the date on which the applicant is treated in accordance with rules under section 106 of the 2002 Act as receiving notice under paragraph 30(4)(b) of that Schedule.