Delegation of Functions to Tribunal Caseworkers First-tier Tribunal (Immigration and Asylum Chamber)

Having conducted an interim review of the Tribunals Caseworker delegation scheme in the First-tier Tribunal (Immigration and Asylum Chamber), I am content that the delegations should remain in place for a further period of twelve months.  I will conduct another review in due course.

Practice Statement: First-tier Tribunal (Immigration and Asylum Chamber)

  1. The Senior President of Tribunals hereby approves that a member of staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 and designated as a ‘Tribunal Caseworker’ by the Chamber President may 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) Rules 2014 to the extent that that Tribunal Caseworker has been authorised to exercise those functions by the Chamber President.
  1. Case management powers under Rule 4(3)(a), 4(3)(c), 4(3)(d), 4(3)(f), 4(3)(h), 4(3)(i), and 4(3)(k);
  2. Striking out of an appeal for non payment of fee and reinstatement under Rule 7;
  3. Treating an appeal as abandoned or finally determined under Rule 16;
  4. Withdrawal functions under Rule 17 (with the exception of Rule 17(2));
  5. Notice of appeal functions under Rule 19 (with the exception of Rule 19(7));
  6. Late notice of appeal under Rule 20;
  7. Circumstances in which the Tribunal may not accept a notice of appeal under Rule 22;
  8. Issuing directions consequent upon any failure to comply with the mandatory requirements under Rules 23 and 24 in relation to entry clearance and other cases;
  9. Clerical mistakes and accidental slips or omissions under Rule 31;
  10. Bail applications under Rule 38.
  1. All functions must be exercised in accordance with guidance issued by the Chamber President.
  1. In accordance with rule 4(3) of the Tribunal Procedure (First Tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, within 14 days after the date that the Tribunal sends notice of a decision made by a Tribunal Caseworker pursuant to an approval 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.
  1. This practice statement is issued for a further period of twelve months (from the expiry of the practice statement dated 14 November 2016) and a review will take place on or before 12 May 2018.

 

The Rt. Hon. Sir Ernest Ryder
Senior President of Tribunals
31 May 2017