12 IND Onward Appeal Rights 1


Immigration Appeals Onward Appeal Rights (Filter Mechanism)
Date of Service of AIT Determination In Country 5 days to apply and Out of Country 28 days Apply to High Court (Filter Mechanism)Appn. lodged at AIT AIT send NOR to all parties. 10 days for decision Grant (Error of Law) AIT inform all parties post/ e-mail Paper review by AIT to decide single judge, panel hearing. Inform parties Refuse AIT inform all parties iNc. form to 'opt in' with decision Onward Appeal Rights - Filter Draft v0.8

(AIT to send Totals of Refused/Allowed cases to High Court) 5 days to confirm

Applicant confirms High Court Review 'opt in' HC informs all parties if applicant has opted in within 24 hrs

Note: If applicant 'opt in' received by HC AIT send file within 24 hrs If no 'opt in' received by Day 8 (5+2) assume not applying *Fees will be paid direct to High Court

20 days

% of cases may be adjourned for further evidence.

High Court Determines Application
10 days for decision

Restore appn. under Sec.103C (2g) to appropriate court. COA informs all parties

20 days Tribunal Reconsiders Decision -oral hearing 10 days Tribunal Decision Promulgated. Separate costs order- order yes or no Inc COA appn. form if refused.

Granted HC informs all parties of decision

Refused HC informs all parties. Inc. cost order End

HC Refer application up to COA

Tribunal to decide if panel, or single review- lists case for reconsideration

.......... High Court to inform LSC if costs given in case, if not, may be further appeal on grounds of cost

10 days

Permission to Appeal COA ( via Tribunal) AIT informs other party of receipt

Directs determination set aside, administartive error, orders a rehearing. File returned to AIT hearing centre for listing.

Refer application to supervisory judicial officer on paper.

10 days for decision Refused AIT inform all parties 10 days to apply

Granted AIT informs all parties. AIT forwards file to COA.

Apply Permission to Appeal (Court of Appeal) Granted COA inform all parties Refused COA inform all parties

COA list and informs AIT and all parties

Heard at Court of Appeal (Substantive Oral Hearing

Oral application to COA for permission

Affirm the Tribunal's Decision COA informs all parties

Remit the appeal to the Tribunal COA informs all parties

Make any Decision the Tribunal could make COA informs all parties

Affirm, vary or give a section 87 direction COA informs all parties

Refused - COA infrom all parties. END

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