Frequently Asked Questions
11. The decision
- My appeal has been dismissed. Can I appeal against the decision?
- My appeal has been allowed, can the UK Border Agency appeal against this decision?
- How long do I have to make an Application for Reconsideration?
- My appeal was heard under the Fast Track Procedure. How long do I have to make an application?
- What happens once the AIT has received an Application for Reconsideration?
- My Application for Reconsideration was granted, what happens next?
- Can I provide anymore information?
- What do I do if I have further evidence that I would like the Judge to take into consideration?
- How long will it be before my appeal will be heard?
- My Application for Reconsideration has been refused. Can I appeal against that decision?
- How much does it cost to make an application to the High Court to Consider Review Application?
- How long do I have to make an application to the High Court to Consider Review Application?
- Do I have to provide anymore information?
- What do I do once I have completed the application form?
- I have sent my application to the Administrative Court. What happens next?
- Who do I contact if I have any more questions after I have sent my application to the Administrative Court?
- I believe a decision was wrongly made because of an administrative error. What should I do?
My appeal has been dismissed. Can I appeal against the decision?
Yes. You can make an application to the Tribunal to reconsider the decision, on the grounds that the Tribunal made an error in law. This is called an application for reconsideration. If you wish to make an application for reconsideration you will need to complete an AIT/103A form which would have been sent to you with your original decision.
My appeal has been allowed, can the UK Border Agency appeal against this decision?
Yes. The UK Border Agency have the right to make an application to the Tribunal to reconsider the decision, on the grounds that the Tribunal made an error in law. The UK Border Agency have 5 business days (business days mean Monday–Friday, UK holidays do not count as business days). Day one would be the day after the UK Border Agency received the notice of decision. If the UK Border Agency make an application for reconsideration to the Tribunal you, your representative if you have one will be informed in writing.
How long do I have to make an Application for Reconsideration?
If you are in the United Kingdom the AIT must receive your application within 5 business days (business days mean Monday-Friday. UK holidays do not count as business days). Day one would be the day after you received the notice of decision. If the decision was posted to you inside the UK, then the AIT will consider that you received it 2 business days from the date it was sent to you; this is known as “deemed receipt”.
If you are outside the United Kingdom the AIT must receive your application within 28 calendar days. Day one would be the day after you received the notice of decision. The AIT consider that you will have received the decision 28 calendar days from the date it was posted to you; this is known as “deemed receipt”.
By way of example, if you were sent your decision on 1st January, the AIT will deem that you received it on 29th January. Your application needs to reach AIT by 26th February.
If you are in detention the AIT must receive your appeal form within 5 business days (business days mean Monday-Friday, UK holidays do not count as business days). Day one would be the day after you received the notice of decision.
The completed application for a reconsideration order form should be sent with the relevant documents as detailed in Part D of the application form. It is important that you provide a comprehensive list as this will allow copies of the documents listed at Part D to be provided for an Immigration Judge as part of your application. The documents you provided with your initial appeal will have been copied and retained with your original appeal file.
You are advised to keep a copy of the form and other documents you send with the form. Any Documents sent to the Tribunal must be in English or accompanied by a certified translation.
Once you have completed the AIT/103A you can either post or fax it to us at:
AIT Arnhem Support CentrePO Box 6987
Leicester
LE1 6ZX
If you are posting your application from within the UK you should allow 2 days postage time for the application to be received by the Tribunal. If you are posting it from outside the UK, you should allow sufficient time for postage overseas; this can vary from country to country. You are advised, if possible, to send your application by recorded delivery or by some other service where a receipt of postage and acknowledgement of receipt can be obtained.
Applications which are faxed to the AIT must be received no later than 4pm (UK local time) on the final day for making an application otherwise they will be treated as out of time.
Fax 0116 249 4214. If you are faxing from overseas the number is 0044 116 249 4214
My appeal was heard under the Fast Track Procedure. How long do I have to make an application?
If your case was dealt with under the fast track procedure (the fast track procedure applies to appellants detained in Harmondsworth or Yarlswood Detention Centre) the AIT must receive your appeal form 2 business days (business days mean Monday-Friday, UK holidays do not count as business days). Day one would be the day after you received the notice of decision.
Once you have completed the AIT/103A you can either post or fax it to the Hearing centre that heard your appeal.
If your appeal was heard at Harmondsworth AIT Hearing Centre post or fax to:
Harmondsworth AIT Hearing CentreColnbrook By Pass
Harmondsworth
Middlesex
UB7 0HD
Fax 0208 750 7771
If your appeal was heard at Yarlswood AIT Hearing Centre post or fax to:
Yarlswood AIT Hearing Centre ATop of Twinwood Road
Clapham
Bedfordshire
KM41 6HL
Fax 0123 422 4411
What happens once the AIT has received an Application for Reconsideration?
Once we receive your application we will enter it onto the electronic data base. We will write to you, your representative if you have one and the UK Border Agency to confirm that we have received your application and the date that it was received (AIT 12). Your application will then be looked at by a Senior Immigration Judge, once a decision has been made we will write to you, your representative if you have one and the UK Border Agency, enclosing a Notice of Decision (AIT 78).
My Application for Reconsideration was granted, what happens next?
You will have received a Notice of Decision (AIT 78) with your decision which will tell you the AIT will write again to notify you, your representative if you have one and the UK Border Agency the date, time and venue of your reconsideration hearing.
Can I provide anymore information?
No. The Tribunal will not consider evidence which was not submitted or given on any previous occasion when the appeal was considered, unless the Tribunal has given permission for new evidence.
What do I do if I have further evidence that I would like the Judge to take into consideration?
If you would like to give new evidence you must complete the (AIT 45) direction form that you were sent with the decision to grant a reconsideration hearing. This form should be completed and returned to the Tribunal within 14 days. You must also serve a copy of the form and the evidence to the other parties. You cannot assume that permission will be granted by the Tribunal for any new evidence to be taken into consideration. The Tribunal will only consider new evidence if it is persuaded that the original Tribunal made a material error of law.
The AIT will inform you in writing with the outcome of the reconsideration hearing.
How long will it be before my appeal will be heard?
The AIT has recently reduced the large number of appeals awaiting 1st stage reconsideration hearings. The measures taken have helped reduce the waiting times by an average of 82% from the date the appeal was granted.
Currently the average waiting time is 3 months for a case to be listed from the day it was granted.
My Application for Reconsideration has been refused. Can I appeal against that decision?
Yes. The decision served on you advised you that the Tribunal does not propose to reconsider its decision on appeal, on the grounds that there was an error in law. If you wish to challenge that decision you may do so, you can apply to the High Court by completing a Notice for High Court to Consider Review Application (PF244/103A/ACO) form which should have been sent to you with the decision.
How much does it cost to make an application to the High Court to Consider Review Application?
To make an application to the High Court the fee is currently £400. You may be eligible for fee exemption; forms for fee exemption (EX160) can be obtained from the HM Courts Service or from the Administrative Court Office.
How long do I have to make an application to the High Court to Consider Review Application?
If you are in the United Kingdom the Administrative Court must receive your application within 5 business days (business days mean Monday-Friday, UK holidays do not count as business days). Day one would be the day after you received the notice of decision.
If you are outside the United Kingdom the Administrative Court must receive your application within 28 calendar days. Day one would be the day after you received the notice of decision.
If you are in detention the Administrative Court must receive your appeal form within 5 business days (business days mean Monday-Friday, UK holidays do not count as business days). Day one would be the day after you received the notice of decision.
Do I have to provide anymore information?
No. You may not add additional grounds relating to the Tribunal´s decision. The Court will only consider grounds that were submitted to the AIT in your application for reconsideration.
What do I do once I have completed the application form?
Once you have completed the form you should send it by post along with the appropriate fee or your application for fee exemption form (EX 160) to:
Administrative Court OfficeRoom C315
Royal Courts of Justice
Strand
London
WC2A 2LL
You are advised, if possible, to send your application by recorded delivery or by some other service where a receipt of postage and acknowledgement of receipt can be obtained.
If you are eligible for fee exemption you can fax your completed application form with form (EX 160) and all accompanying documents to the Administrative Court Office on 0044 (0)207 947 6802.
I have sent my application to the Administrative Court. What happens next?
The Administrative Court Office will acknowledge receipt of your application and notify you of its case reference number within 5 business days (business days mean Monday-Friday, UK holidays do not count as business days) of receipt.
Who do I contact if I have any more questions after I have sent my application to the Administrative Court?
If you have any further queries about your application you should contact the Administrative Court Office on 020 7947 6205 or 020 7947 6655.
When contacting the Administrative Court Office you should always use the Administrative Court reference number given to you eg. CO/00001/2007.
I believe a decision was wrongly made because of an administrative error. What should I do?
For decisions made on or after 13 November 2006, the Asylum and Immigration Tribunal (Procedure) (Amendment) Rules give the President of the AIT power to set aside any order, notice of decision or determination on the ground that it was wrongly made as the result of an administrative error on the part of the Tribunal or its staff. A decision to set aside can only be made following consultation with all the parties to the appeal.
Please note An application to set aside on the ground of an administrative error is not the same as an application for review. If you believe an error of law has been made, you should apply for a review of the decision on that basis, and should not make an application to set aside under this provision.
The time scale for application for a review remains the same and is not affected by an application for Set Aside. A Set Aside application is on the grounds of an Administrative error.
Anyone wishing to make such an application should do so in writing, addressed to the President of the AIT, and clearly marking the application “ASAD.” Applications should be sent to:
The President of the AIT (ASAD)Asylum and Immigration Tribunal
PO BOX 6987
Leicester
LE1 6ZX
An application to set aside must be filed within 10 business days (business days mean Monday-Friday, UK holidays do not count as business days) of service of the relevant notice of decision or determination where the party is in the UK, and within 28 calendar days of service where the party is outside the UK.
At the time of making the application, you must serve a copy on the other party.
There is no right of appeal against a refusal to set aside.
