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← Immigration Appeals Act 1969

Immigration Appeals Act 1969 s 11

Immigration Appeals Act 1969 s 11

s 11 Immigration Appeals Act 1969

(1) The Secretary of State may make rules (in this Act to as “rules of procedure ”) with respect to the bringing and the making of applications under this Part of to appellate authorities, that is to say adjudicators and Tribunal, and with respect to the proceedings of such and matters incidental to or consequential on such Rules made under this section may in particular make (a) as to the manner in which and the time within which appeals are to be brought and applications made for leave to appeal ; (b) as to the persons who are to be parties to proceedings before an appellate authority and for treating the Secretary of State (either generally or in such circumstances as may be prescribed by the rules) as a party to such proceedings where he would not otherwise be a party to them, and enabling him to appear and to be heard accordingly ; (c) for enabling any party to be represented before an appellate authority by any person whether having professional qualifications or not ; (d) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses ; (e) with respect to the mode and burden of proof and admissibility of evidence ; (f) in the case of an appeal to the Tribunal under section 7 of this Act, for enabling evidence to be given otherwise than orally and for an appeal to be remitted to an adjudicator for further evidence to be obtained ; (g) for enabling an appellate authority to exclude members of the public from proceedings of such an authority ; (h) for enabling an appeal to be heard in the absence of the appellant in cases where the appellant is outside the United Kingdom ; (i) for enabling an appellate authority to dispose of an appeal without a formal hearing where the appellant is outside the United Kingdom or does not request such a hearing or the authority has decided to allow the appeal ; (j) for enabling an appellate authority to determine an appeal in a summary way where it appears that the issues raised on the appeal have been determined in previous proceedings under this Part of this Act and the circumstances do not materially differ from those subsisting at the time of the previous proceedings ; Immigration Appeals Act 1969 Cu. 21 (k) for requiring the matters put forward in support of an appeal under section 5(3) of this Act to be submitted in writing and for enabling an appellate authority to dismiss the appeal without a formal hearing if of opinion that those matters do not warrant one ; (J) as to the procedure to be followed under section 5(4) of this Act ; (m) as to the procedure to be followed in cases where the Secretary of State has given a direction or certificate under section 9 of this Act; (n) for any functions of the Tribunal which relate to matters ancillary or antecedent to an appeal, or which are conferred by Schedule 3 to this Act, to be performed by a single member of the Tribunal ; (o) conferring on appellate authorities such ancillary powers as the Secretary of State thinks necessary for the purposes of the exercise of their functions ; (p) for the recording and proof of decisions of the appellate authorities. _ (3) A person who without reasonable excuse fails to comply with any requirement imposed by rules under subsection (2)(d) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100. (4) The power to make rules under this section shall be exercisable by statutory instrument, and any statutory instrument containing such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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