Citation, commencement, scope and interpretation

1. —(1) These Regulations may be cited as the Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007 and shall come into force on 30th April 2007.

(2) These Regulations have effect only in relation to appeals decided in England and Wales.

(3) In these Regulations, references to a regulation by number alone refer to the regulation so numbered in the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005( 2 ).

Amendments to the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005

2. In regulation 5—

(a) in paragraph (2), omit “subject to paragraph (5)”; and

(b) omit paragraph (5).

3. In regulation 6—

(a) after paragraph (1), insert—

“ (1A) The Tribunal may only make an order under section 103D(3) where—

(a) it has reconsidered its decision on an appeal; or

(b) an order for reconsideration has been made but the reconsideration does not take place or is not completed because—

(i) the appeal lapses, or is treated as abandoned or finally determined, by operation of an enactment; or

(ii) the appeal is withdrawn by the appellant, or is treated as withdrawn because the respondent withdraws the decision or decisions to which the appeal relates. ” ;

(b) in paragraph (3), for “does not allow an appeal”, substitute “dismisses an appeal on reconsideration”;

(c) after paragraph (3), insert—

“ (3A) If an order for reconsideration is made but the reconsideration does not take place or is not completed, the Tribunal must not make an order under section 103D(3) unless it is satisfied that, at the time when the appellant made the section 103A application, there was a significant prospect that the appeal would be allowed upon reconsideration. ” ; and

(d) in paragraph (4), after “paragraph (3)” insert “or (3A)”.

4. In regulation 7—

(a) in paragraph (1), for “not to make an order under section 103D(3)” substitute—

“ —

(a) not to make an order under section 103D(3); or

(b) to make a section 103D order under regulation 8(2). ” ;

(b) in paragraph (2), omit “not to make an order”; and

(c) in paragraph (5)(b), for “decision not to make an order” substitute “original decision”.

5. In regulation 8, after paragraph (2) insert—

“ (2A) Where paragraph (2) applies the High Court or Tribunal must give reasons for its decision.

(2B) Where an appellant has been represented by more than one supplier or more than one counsel in the course of immigration review proceedings, a section 103D order shall, unless it provides otherwise, have effect as an order for the payment of the costs incurred by each supplier and of the fees of each counsel while he was instructed to represent the appellant in the proceedings. ” .