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)
- 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.
- 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);
- Striking out of an appeal for non payment of fee and reinstatement under Rule 7;
- Treating an appeal as abandoned or finally determined under Rule 16;
- Withdrawal functions under Rule 17 (with the exception of Rule 17(2));
- Notice of appeal functions under Rule 19 (with the exception of Rule 19(7));
- Late notice of appeal under Rule 20;
- Circumstances in which the Tribunal may not accept a notice of appeal under Rule 22;
- 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;
- Clerical mistakes and accidental slips or omissions under Rule 31;
- Bail applications under Rule 38.
- All functions must be exercised in accordance with guidance issued by the Chamber President.
- 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.
- 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