a 'claim for judicial review' means a claim to review the lawfulness of ---

revoked

revoked

revoked

'the judicial review procedure' means the Part 8 procedure as modified by this Section;

'interested party' means any person (other than the claimant and defendant) who is directly affected by the claim; and

'court' means the High Court, unless otherwise stated.

a mandatory order;

a prohibiting order;

a quashing order; or

an injunction under section 30 of the Supreme Court Act 1981(¹) (restraining a person from acting in any office in which he is not entitled to act).

a declaration; or

an injunction ^(GL) .

promptly; and

in any event not later than 3 months after the grounds to make the claim first arose.

the name and address of any person he considers to be an interested party;

that he is requesting permission to proceed with a claim for judicial review; and

any remedy (including any interim remedy) he is claiming.

the defendant; and

unless the court otherwise directs, any person the claimant considers to be an interested party,

filed not more than 21 days after service of the claim form; and

served on ---

as soon as practicable and, in any event, not later than 7 days after it is filed.

must ---

may include or be accompanied by an application for directions.

may not take part in a hearing to decide whether permission should be given unless the court allows him to do so; but

provided he complies with rule 54.14 or any other direction of the court regarding the filing and service of ---

may take part in the hearing of the judicial review.

the order giving or refusing permission; and

any directions,

refuses permission to proceed; or

gives permission to proceed ---

detailed grounds for contesting the claim or supporting it on additional grounds; and

any written evidence,

rule 8.5 (3) and 8.5 (4)(defendant to file and serve written evidence at the same time as acknowledgment of service); and

rule 8.5 (5) and 8.5(6) (claimant to file and serve any reply within 14 days).

it has been served in accordance with any ---

the court gives permission.

to file evidence; or

make representations at the hearing of the judicial review.

in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.

order a claim to continue as if it had not been started under this Section; and

where it does so, give directions about the future management of the claim.

'the 2002 Act' means the Nationality, Immigration and Asylum Act 2002;

'the 2004 Act' means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(⁴);

'appellant' means the appellant in the proceedings before the Tribunal;

'applicant' means a person applying to the High Court under section 103A;

'asylum claim' has the meaning given in section 113(1) of the 2002 Act;

'fast track case' means any case in relation to which an order made under section 26(8) of the 2004 Act provides that the time period for making an application under section 103A(1) of the 2002 Act or giving notification under paragraph 30(5) of Schedule 2 to the 2004 Act is less than 5 days;

'filter provision' means paragraph 30 of Schedule 2 to the 2004 Act;

'order for reconsideration' means an order under section 103A(1) requiring the Tribunal to reconsider its decision on an appeal;

'section 103A' means section 103A of the 2002 Act;

'Tribunal' means the Asylum and Immigration Tribunal.

section 103A(3) for making an application for an order under section 103A(1); or

paragraph 30(5)(b) of Schedule 2 to the 2004 Act for giving notice under that paragraph,

section 103A(3); and

paragraph 30(5)(b) of Schedule 2 to the 2004 Act.

serving it on his representative; or

serving it on the appellant personally or sending it to his address by first class post (or an alternative service which provides for delivery on the next working day),

during a period in which the filter provision has effect, with the Tribunal at the address specified in the relevant practice direction; and

at any other time, at the Administrative Court Office.

the notice of the immigration, asylum or nationality decision to which the appeal related;

any other document which was served on the appellant giving reasons for that decision;

the grounds of appeal to the Tribunal;

the Tribunal's determination on the appeal; and

any other documents material to the application which were before the Tribunal.

the grounds upon which it is contended that the Tribunal made an error of law which may have affected its decision; and

reasons in support of those grounds.

was the respondent to the appeal; and

was required to serve the Tribunal's determination on the appellant,

in accordance with paragraphs (1) to (3); or

by serving the documents specified in paragraphs (1) to (3) on the person having custody of him.

endorse on the notice the date that it is served on him;

give the applicant an acknowledgment in writing of receipt of the notice; and

forward the notice and documents within 2 days

be made in the application notice;

set out the grounds on which it is contended that the application notice could not reasonably practicably have been filed within the time limit; and

be supported by written evidence verified by a statement of truth.

does not propose to make an order for reconsideration; or

does not propose to grant permission for the application to be made outside the relevant time limit,

a copy of the Tribunal's notification that it does not propose to make an order for reconsideration or does not propose to grant permission for the application to be made outside the relevant time limit (referred to in CPR rule 54.31(2));

any other document which was served on the applicant by the Tribunal giving reasons for its decision in paragraph (a);

written evidence in support of any application by the applicant seeking permission to make the application outside the relevant time limit, if applicable;

a copy of the application for reconsideration under section 103A of the 2002 Act (Form AIT/103A), as submitted to the Tribunal (referred to in Rule 54.29(1)(a).

was the respondent to the appeal; and

was required to serve the notice from the Tribunal mentioned in paragraph (2) on the appellant,

set out the grounds on which it is contended that the notice could not reasonably practicably have been filed within that period; and

be supported by written evidence verified by a statement of truth.

does not propose to make an order for reconsideration; or

does not propose to grant permission for the application to be made outside the relevant time limit,

the court will serve copies of the application notice and written submissions on the other party to the appeal; and

the other party to the appeal may file submissions in response to the application not later than 2 days after being served with the application.

dismiss the application;

make an order requiring the Tribunal to reconsider its decision on the appeal under section 103A(1) of the 2002 Act; or

refer the appeal to the Court of Appeal under section 103C of the 2002 Act.

the Tribunal may have made an error of law; and

there is a real possibility that the Tribunal would make a different decision on reconsidering the appeal (which may include making a different direction under section 87 of the 2002 Act).

the applicant and the other party to the appeal, except where paragraph (2) applies; and

the Tribunal.

serve the order on the