Full text of notice by Judge Phillips on changes to appeals due to the Covid-19 pandemic
Date of Publication:
24 March 2020
A notice was issued today by Resident Judge Phillips with details of changes to appeals in the First-tier Tribunal (Immigration and Asylum Chamber) due to the Covid-19 pandemic.
The full notice is below.
As stated by Judge Phillips, “all appeals will proceed by way of a Case Management Hearing (CMR) via telephone or Skype which will take place on a date to be notified in a time slot to be allocated. All current scheduled hearings are vacated.”
FIRST-TIER TRIBUNAL (IMMIGRATION AND ASYLUM) CHAMBER HEARINGS
In view of the rapidly changing circumstances created by the Covid-19 pandemic, the President of the First-tier Tribunal (IAC) has directed that all appeals will proceed by way of a Case Management Hearing (CMR) via telephone or Skype which will take place on a date to be notified in a time slot to be allocated. All current scheduled hearings are vacated.
1. Within 5 working days of the date of this Notice you must provide direct contact number(s) and email address(es) for the Tribunal to contact you and any members of your organisation having any business with the Tribunal. If members of your organisation have access to Skype for Business, you must inform the Tribunal and provide all necessary information to the Tribunal to enable communication by that medium.
2. You must comply with the following directions.
3. All parties must be available 5 minutes before the allocated time
4. The parties may make an application to the Tribunal at any time. Such application must only be by email ecorrespondence@Justice.gov.uk.
5. Any witness statements and other evidence upon which the Appellant intends to rely must be sent electronically to the Tribunal and to the Respondent together with an Appeal Skeleton Argument (‘ASA’) within 15 working days of the date of this notice to ecorrespondence@Justice.gov.uk
6. Within 10 working days of the provision of the ASA the Respondent must serve a response to the ASA by email to the Tribunal and to the Appellant’s representatives and if no response is received within the said time limit it will be assumed that the Respondent does not take issue with the submissions contained in the ASA.
7. The ASA and the response together with all the evidence provided will be considered by a Judge who will consider, having given the parties an opportunity to make written representations (rule 25(2)), whether the appeal can be justly determined without a hearing (rule 25(1)(g)).
8. In cases concerning international protection or the revocation of international protection the Appellant, if represented, must set out at the commencement of the ASA a summary of the Appellant’s case together with a schedule of issues as if the Pilot on-line Digital Pilot Directions applied (a copy of which is attached) and the Respondent must respond accordingly subject to the time limits set out in this Notice being applicable.
9. Where it is not considered appropriate for the matter to proceed without a hearing, consideration will be given to the hearing of this appeal by remote means. To that end each party must provide at the CMR or before
(a) the means by which they, the appellant(s) and any witnesses, will engage with the Tribunal (the Tribunal expects all representatives to have access to Skype or Skype for Business);
(b) the location of the Appellant;
(c) the location of each witness, if any;
(d) language of interpreter(s) if not already provided;
(e) the number of pages in the bundle of documents to be relied upon;
(f) no bundle may exceed 50 pages without the consent of the Tribunal;
(g) any documents provided to the Tribunal must be in .pdf format and reduced to the minimum number of documents required, for the avoidance of doubt generic bundles will not be accepted.
Resident Judge J F W Phillips | Date: 24 March 2020