Immigration and Asylum Bill

131. This schedule sets out what Procedure Rules the IIAA may make, in line with Clause 4. 132. Delegation: Paragraph 2 allows the Procedure Rules Board to make provision for the delegation of its function to staff. This aims to make clear the roles and responsibilities of staff members. 133. Time limits: Paragraph 3 allows the IIAA Procedure Rules Board to set time limits for complying with stages in the appeals process. The aim is to allow the IIAA to set clear statutory requirements to support it to enforce its deadlines. 134. Repeat applications: Paragraph 4 enables the Board to make Rules restricting repeated applications on the same issue. 135. IIAA acting of its own initiative: Paragraph 5 allows the IIAA to exercise its functions without needing an application from a party to an appeal, where appropriate. The aim of this measure is to allow the IIAA to be proactive in its case management functions by, for example, requesting evidence referred to but not provided in an appellant’s bundle. 136. Reviews and appeals: Paragraph 6 allows the Rules to set out the procedure in which the IIAA can review its own decision. The rules can include provision that describe the types of case or specify the grounds on which either the IIAA will review its own decision or an application for review can be made. The Rules can also set out the procedure for an appeal to the Upper Tribunal. 137. Hearings: Paragraph 7 provides that the IIAA Procedure Rules Board may make Rules in relation to different hearing types, including remote hearings, in-person hearings or to deal with matters without a hearing (on the papers). 138. Proceedings without notice: Paragraph 8 allows the Rules to make provision for proceedings to take place at the request of one party even though the other, or another, party has had no notice. 139. Advice and representation: Paragraph 9 allows the Rules to make provision about who may represent people before the IIAA, to enable people to be represented by a “qualified person” (a suitably accredited and regulated immigration/legal adviser). It introduces a requirement for appellants to confirm, when they institute an appeal or bail application, that they either have advice and/or representation, have made an informed decision to proceed without it, or, would have liked advice and/or representation but have been unable to obtain it. People who wish to be advised and/or represented, but do not have arrangements in place, are required to state why and what steps they have taken to put such arrangements in place. The aim is to encourage the uptake of advice and/or representation and to embed it in the IIAA, because early engagement with advice and representation leads to issues being identified and a reduction in delays, adjournments and disruption. 140. Evidence, witnesses and attendance: Paragraph 10 allows the Procedure Rules Board to make Rules in relation to evidence, including expert witnesses and anonymity. 141. Failure to comply with requirements imposed by the IIAA: Paragraph 11 sets a duty on the Board to make provision in the Rules requiring the IIAA to take account as damaging the credibility of an appellant any failure to submit evidence on time unless there is good reason for the late submission. It also allows the Board to make similar provision more generally for non-compliance, as well as to refer cases of non-compliance to the Upper Tribunal. 142. Use of information: Paragraph 12 allows the IIAA Procedure Rules to make provision about the disclosure or non-disclosure of information received during proceedings before the IIAA. 143. Publication of decisions: Paragraph 13 requires the IIAA Procedure Rules to provide for the publication of the IIAA’s final determinations. The rules may set out the detailed approach to publication, including how determinations are published and any safeguards needed for sensitive information, anonymity and data protection. 144. Fees: Paragraph 14 allows IIAA Procedure Rules to make provision about fees in relation to proceedings before the IIAA. 145. Costs and expenses: Paragraph 15 enables the IIAA Procedure Rules to make provision about costs of proceedings before the IIAA. The Rules made can make provision for an adjudicator to order a party or their representative to pay another party’s costs. Those costs are limited to a fee paid under paragraph 14 or costs incurred as a result of an improper, unreasonable or negligent act or omission. 146. Charges in respect of wasted resources: Paragraph 16 allows the IIAA Procedure Rules to regulate matters relating to the charging of amounts under section 10, where the IIAA considers that a participant’s improper, unreasonable or negligent conduct has wasted IIAA resources. The Rules may, in particular, prescribe scales of amounts that may be charged. 147. Correction of errors and setting aside of decisions on procedural grounds: Paragraph 17 allows the IIAA Procedure Rules to make provision for correcting errors in a decision, or in the record of a decision. It also allows the Rules to provide for a decision to be set aside on procedural grounds. 148. Presumptions: Paragraph 18 allows the IIAA to make Rules enabling them to make presumptions unless evidence shows otherwise. 149. Differential provision: Paragraph 19 allows procedural rules to vary depending on the type of case, where appropriate. For example, there may be differential provision for cases going through the expedited process.