Immigration and Asylum Bill

61. Clause 2 makes provision for the membership of the IIAA. It sets out the non-executive members (Chair and Professional Standards Officer (PSO)) and executive members (Chief Executive (CE) and Chief Appeals Officer (CAO) and IIAA adjudicators) that the IIAA will consist of, how they will be appointed, and the eligibility requirements that specific roles will have. 62. The clause also sets out the eligibility requirements for roles in the IIAA requiring legal experience which are the Senior Adjudicator, the CAO and the PSO. The definition of ‘law-related activities’ in the Tribunal Courts and Enforcement Act (TCEA) 2007 is used here so that the CE can consider any of the activities set out in Section 52 (4) and (5) of the TCEA 2007 as making someone eligible for these roles. The senior adjudicator role requires two years of relevant legal experience and the CAO and PSO require five years of relevant legal experience. The requirement is sufficiently broad to allow experience as an adjudicator to make someone eligible for these positions. 63. Responsibility for appointment of the non-executive members (the Chair and the PSO) sits with the Secretary of State. Responsibility for executive appointments (the CE and CAO) sits with the Secretary of State in the first instance, with the Chair taking on responsibility for appointment of those officers subsequently, to reinforce the IIAA’s independence from Government insofar as possible. The Chair will also be expected to consult the PSO when making these appointments in future. All appointments to the IIAA will be on the basis of merit and subject to fair and open competition principles. (as set out at paragraph 2 of Schedule 2). 64. The clause establishes that IIAA adjudicators are to be appointed by the Chief Executive of the IIAA. 65. Clause 2 also introduces Schedule 2 which makes further provision about the membership and proceedings of the IIAA.