New Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal

The New Practice Direction of the Immigration and Asylum Chambers of the First-tier Tribunal (IAC) was published on 1 November 2024. It replaces the previous practice Directions of 13 May 2022 and supersedes Practice Statement No 1 of 2022 dated 13 May 2022. 

1. The issues-based approach and procedural rigour of the new Practice Direction

Under guiding principles Part 1 of the Practice Direction, it is stated that “the overriding objective to the Tribunal is that cases are dealt with fairly and justly”. Its aim “allowing appropriate resources, both of the Tribunal and the parties, to be allocated in proportion to the nature and extent of the issues in dispute; avoid unnecessary delay and ensure that both parties can fairly present evidence and submissions.

The Practice Direction applies to appellants without representatives in the same way as it does to parties represented by lawyers.  It does not apply to applications of Immigration Bail.

2. Bundles, Appeal Skeleton Arguments (ASAs) and Respondent’s Review

Significant new rules on bundles emphasises conciseness, specifying that the Appeal Skeleton Argument should be no more than 12 pages of numbered paragraphs and the text must be “in no less than size 12 font with 1.5 line spacing” and expert reports should be no more than 20 pages, although it is possible to apply for permission to exceed these limits.  The Practice Direction makes clear that the appellant may be directed to provide an ASA or an explanation of their case and evidence (not represented appellants), even if the Respondent fails to provide a bundle.

Any bundle that is prepared by a legal representative must be in a digital, indexed, bookmarked and paginated format where every page is A4. Any evidence submitted after the Respondent’s Review, must be prepared as a bundle and accompanied by “a written explanation of why it was not provided earlier in the appeal process”.

Parties relying on material within country guidance decisions or additional country background information must include a country information evidence schedule (‘the country schedule’) within the bundle.

The country schedule must:

1. 1. contain the country guidance paragraph references and/or extracts of additional country information relied upon by reference to each disputed issue;
   2. not exceed 12 pages; and
   3. include the relevant hyper-link to the additional country background information source document.

3. Witness statements

In relation to witness statements, a witness statement must be in the intended witness own words and it need not be in the language that the witness understands.  If it is drafted in English and this is not a language understood by the witness it must include a signed and date attestation by both the witness and the person who interprets, stating that the statement has been read back to the witness in the language they understand and that it accurately reflects their evidence.

This statement should be included in bundles and should be capable of standing as the totality of the evidence in chief of the person giving that statement.  It may be added to the provision of a supplementary statement provided that the supplementary statement is produced and served in accordance with any directions given in the appeal.  Only where there is a good reason and with permission of the judge will a witness be permitted to provide additional evidence in chief.

The witness statement should be expressed in the first person and should also state the full name of the witness, their place of residence and if they are making the statement in their professional business or other occupational capacity the address at which they work, the position they hold and the name of the firm or employer.  They must state that they are party to the proceedings or they are the employees or relative or such party and the process by which it has been prepared, for example face to face, over the phone, or through an interpreter.

The statement should have the date it was signed and must include a statement that it was made from the witness’ own knowledge and which matters of information or belief and the source for any matters, information or belief.  An exhibit or document that is referred to within the witness statement should be verified and clearly identified by the witness and should remain separate from the witness statement.  Where a witness refers to an exhibit or document, they should refer to a description of the document at page X.

The status of documents, skeletons and bundles prepared and submitted prior to 1 November 2024 seems unclear.  If documents already submitted to the Tribunal are non-compliant, presumably the judge will accept the lack of notice and additional resources required to comply with requirements.

4. Adjournments

An application for an adjournment of an appeal must be supported by full reasons and any reasonably available supporting material or evidence made no later than 4.30pm one clear working day before the date of the hearing.  It must be accompanied by proposed draft directions for the judge to consider.  An application made later than the end of the period mentioned above must be made at the hearing and will, save in exceptional circumstances, require the attendance of the party or the representative of the party seeking the adjournment.  If an adjournment is not granted and the party fails to attend the hearing the Tribunal may proceed with the hearing in that party’s absence.  If an adjournment is granted the Tribunal shall issue an order containing directions to ensure that the appeal can finally be determined within a reasonable time.

5. Decisions and Reasons

In some non-deportation Article 8 human rights and EUSS cases, the Tribunal may be able to give its decision shortly after the conclusion of the hearing by providing a short Notice of Decision or by stating its reasons orally. Reasons will only be provided orally where the Judge is satisfied that the audio recording facilities are available, and an audio recording will be made of the oral reasons. In other cases, written reasons should only be provided where they are expressly required by the Procedure Rules or where the interest of justice otherwise compels written reasons to be given and only to the extent and in terms necessary to dispose justly of the matter in hand.

The reasons provided for any decision should be proportionate to the significance and the complexity of the disputed issues. Stating reasons at greater length than is necessary is not in the interests of justice. To do so is an inefficient use of judicial time.

New Practice Direction Of The Immigration And Asylum Chamber Of The First-tier Tribunal