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First-tier Tribunal

(Redirected from First Tier Immigration and Asylum Chamber)

The First-tier Tribunal is a first-instance general tribunal in the United Kingdom.

First-Tier Tribunal
Royal coat of arms of the United Kingdom as used in England and Wales
Established2007
JurisdictionUnited Kingdom
LocationMultiple
Authorised byTribunals, Courts and Enforcement Act 2007
Appeals toUpper Tribunal
Websitewww.judiciary.uk

It was created in 2008 as part of a programme, enacted in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of 20 previously existing tribunals. It is administered by His Majesty's Courts and Tribunals Service.

Appeals from it lie to the Upper Tribunal, the second part of the 'two-tier system'. [1]

Chambers and jurisdiction

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The tribunal currently consists of seven chambers, structured around subject areas (although the General Regulatory Chamber has a very broad remit). The chambers may be divided into sections, mirroring the jurisdictions inherited from the tribunals which have been merged into the First-tier Tribunal. Different jurisdictions have been transferred into the tribunal in a programme which began in 2008 and is continuing.

Chamber/Section Jurisdiction Date Established/Transferred
General Regulatory Chamber[2] 1 September 2009
Alternative Business Structures Hears appeals against decisions made by the Council for Licensed Conveyancers 12 September 2011[3][4]
Charity Hears appeals against the decisions of the Charity Commission, applications for review of decisions of the Commission and considers references from the Attorney General or the Charity Commission on points of law. 1 September 2009[5]
Claims Management Services Hears appeals from businesses providing services such as personal injury or criminal injuries compensation claims management against refusal of authorisation or imposition of sanctions by the Claims Management Regulator. 18 January 2010[6]
Consumer Credit Hears appeals against decisions of the Office of Fair Trading relating to consumer credit licences, including the imposition of requirements or a civil penalties on licensees and the refusal to register, cancellation of registration, or imposition of a penalty under the Money Laundering Regulations 2007. 1 September 2009[7]
Environment Hears appeals against environment civil sanctions issued by the Environment Agency and Natural England. 6 April 2010[8]
Estate Agents Hears appeals against decisions made by the Office of Fair Trading prohibiting a person from acting as an estate agent or issuing a warning to an estate agent. 1 September 2009[9]
Examination Boards Hears appeals by examination boards against fines imposed by the Office of Qualifications and Examinations Regulation or the Welsh Government 1 May 2012[10]
Gambling Appeals Hears appeals against the decisions of the Gambling Commission regarding operating licences for companies, as well as personal functional and personal management licences to people in key management positions. 18 January 2010[6]
Immigration Services Hears appeals against decisions made by the Office of the Immigration Services Commissioner and considers disciplinary charges brought against immigration advisors by the Commissioner. 18 January 2010[6]
Information Rights Hears appeals from notices issued by the Information Commissioner regarding breaches of the law on Freedom of Information, Data Protection, and the Privacy and Electronic Communications Regulations 2003. 18 January 2010[6]
Local Government Standards Hears references and appeals about the conduct of members of English local authorities, and appeals against the decisions of local standards committees. 18 January 2010[6]
Transport Hears appeals against decisions of the Registrar of Approved Driving Instructors and against decisions of Transport for London regarding London bus service permits, and resolves disputes between postal service providers and carriers. 1 September 2009[11]
Social Entitlement Chamber[12] 3 November 2008[13]
Asylum Support Hears appeals from decisions made by the UK Border Agency to refuse or terminate support for asylum seekers, such as the provision of accommodation and cash for essential needs. 3 November 2008[13]
Social Security and Child Support Deals with disputes about Universal Credit, Income Support, Jobseeker's Allowance, Incapacity Benefit, Employment and Support Allowance, Disability Living Allowance, Attendance Allowance, Child Support, Tax Credits, the State Pension, statutory sick pay and maternity pay, Compensation Recovery Scheme/ Road Traffic (NHS) charges, Vaccine Damage Compensation and decisions on Housing Benefit and Council Tax Benefit. 3 November 2008[13]
Criminal Injuries Compensation Hears appeals against decisions of the Criminal Injuries Compensation Authority regarding financial compensation for victims of violent crime. 3 November 2008[13]
Health, Education and Social Care Chamber[14] 3 November 2008[13]
Care Standards Hears appeals against decisions of the Secretary of State to restrict or bar an individual from working with children or vulnerable adults and decisions to cancel, vary or refuse registration of certain health, childcare and social care provision. 3 November 2008[13]
Mental Health Hears applications and references for people detained under the Mental Health Act 1983 as amended by the Mental Health Act 2007, and directs the discharge of patients where the statutory criteria for discharge is satisfied. In practice still often referred to as a Mental Health Tribunal. 3 November 2008[13]
Special Educational Needs & Disability Hears appeals against decisions made by Local Education Authorities in England about the education of children with special educational needs. 3 November 2008[13]
Primary Health Lists Hears appeals/applications resulting from decisions made by primary care trusts as part of the local management of lists of General Practitioners, Dentists, Optometrists and some Pharmacists who are able to provide NHS services. 18 January 2010[6]
Tax Chamber[15] 1 April 2009[16]
Tax Hears appeals against decisions relating to tax made by HM Revenue and Customs (and by the Serious Organised Crime Agency when general revenue functions have vested in SOCA under Part 6 Proceeds of Crime Act 2002 where income or gains are suspected to have arisen as a result of criminal conduct). 1 April 2009[16]
MPs' Expenses Hears appeals against decisions of the Compliance Officer for the Independent Parliamentary Standards Authority relating to claims for expenses by Members of Parliament.[17] 27 July 2010[18] which brought into force section 6A and Schedule 4 of the Parliamentary Standards Act 2009 as inserted by the Constitutional Reform and Governance Act 2010, section 31.
War Pensions and Armed Forces Compensation Chamber[19] Hears appeals from former members of the Armed Forces who have had their claims for a War Pension rejected by the Secretary of State for Defence. 3 November 2008[13]
Immigration and Asylum Chamber[20] Hears appeals against decisions made by the Home Secretary in immigration, asylum and nationality matters, namely refusal of a protection claim, refusal of a human rights claim or revocation of protection status.[21] The tribunal also hears appeals against refusal of leave under the EU settlement scheme and appeals against revocation of British Citizenship (unless there are national security implications which are heard by SIAC) 15 February 2010[22]
Property Chamber Hears appeals regarding Land Registration, Agricultural Land & Drainage and from the Residential Property Tribunal.

Judiciary

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The judiciary of the First-tier Tribunal comprises tribunal judges and other members. Legally qualified members of the former tribunals became Tribunal Judges of the First-tier Tribunal when their jurisdiction was transferred, whilst the lay members (often with expertise in the subject matter of the former tribunal) became other members. New judges and members are appointed by the Judicial Appointments Commission.[23]

In addition, the following may also sit as Judges of the First-tier Tribunal:[24]

The First-tier Tribunal is presided over by the Senior President of Tribunals, since 19 September 2020 Sir Keith Lindblom.[25] Each chamber of the First-tier Tribunal is headed by a chamber president,[26] and within each chamber each section or jurisdiction is headed by a principal judge.[27]

In most cases, decisions are made by a judge and two other members, although this can vary between chambers and sections, and also depending on the case concerned.[28]

Judges may be permanent office hours, known as salaried judges, or part time, known as fee paid judges.[29]

Appeal

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In most cases, appeals against decisions of the First-tier Tribunal can be made to the Upper Tribunal, but only with the permission of the First-tier Tribunal or the Upper Tribunal. Before deciding whether to grant permission to Appeal to the Upper Tribunal, the First Tier Tribunal must consider whether to subject its own decision to 'Reconsideration'. In the case of Criminal Injuries Compensation and Asylum Support cases, there is technically no right of appeal, but a decision may be reviewed by way of an application to the Upper Tribunal for judicial review of the First-tier Tribunal's decision.[30]

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References

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  1. ^ "Introduction to Tribunals". Courts and Tribunals Judiciary. Archived from the original on 3 December 2023. Retrieved 26 July 2023.
  2. ^ "The General Regulatory Chamber". Tribunals Service. Archived from the original on 6 March 2012. Retrieved 10 November 2010.
  3. ^ "The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) Order 2011". Legislation.gov.uk. Archived from the original on 5 September 2013. Retrieved 6 December 2012.
  4. ^ "The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011". Legislation.gov.uk. Archived from the original on 5 September 2013. Retrieved 6 December 2012.
  5. ^ "The Transfer of Functions of the Charity Tribunal Order 2009". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  6. ^ a b c d e f "The Transfer of Tribunal Functions Order 2010". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  7. ^ "The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  8. ^ "The Environmental Civil Sanctions (England) Order 2010". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  9. ^ "The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  10. ^ Section 151C of the Apprenticeships, Skills, Children and Learning Act 2009, as inserted by "section 23 of the Education Act 2011". Legislation.gov.uk. Archived from the original on 21 January 2022. Retrieved 6 December 2012. Commenced by "The Education Act 2011 (Commencement No. 3 and Transitional and Savings Provisions) Order 2012". Legislation.gov.uk. Archived from the original on 20 March 2016. Retrieved 6 December 2012.
  11. ^ "The Transfer of Functions (Transport Tribunal and Appeal Panel) Order 2009". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  12. ^ "The Social Entitlement Chamber". Gov.uk. Tribunals Service. Archived from the original on 6 March 2012. Retrieved 10 November 2010.
  13. ^ a b c d e f g h i "The Transfer of Tribunal Functions Order 2008". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  14. ^ "The Health, Education and Social Care Chamber". Tribunals Service. Archived from the original on 15 October 2010. Retrieved 10 November 2010.
  15. ^ "First-Tier Tribunal (Tax)". Gov.uk. Tribunals Service. Archived from the original on 8 December 2013. Retrieved 10 November 2010.
  16. ^ a b "The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 10 November 2010.
  17. ^ "First-tier Tribunal: MPs' Expenses". Tribunals Service. Archived from the original on 6 March 2012. Retrieved 8 January 2010.
  18. ^ "The Constitutional Reform and Governance Act 2010 (Commencement No. 2 and Transitional Provisions) Order 2010". Legislation.gov.uk. Archived from the original on 13 November 2012. Retrieved 8 January 2010.
  19. ^ "The War Pensions and Armed Forces Compensation Chamber". Tribunals Service. Archived from the original on 15 October 2010. Retrieved 10 November 2010.
  20. ^ "First-Tier Tribunal (Immigration and Asylum Chamber)". Tribunals Service. Archived from the original on 18 November 2010. Retrieved 10 November 2010.
  21. ^ "Nationality, Immigration and Asylum Act 2002". legislation.gov.uk. Archived from the original on 8 December 2023. Retrieved 4 May 2024.
  22. ^ "The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010". Legislation.gov.uk. Archived from the original on 4 January 2011. Retrieved 10 November 2010.
  23. ^ "Upper Tribunal: What has changed?". Tribunals Service. Archived from the original on 30 October 2012. Retrieved 10 November 2010.
  24. ^ Sections 4 and 6 of the Tribunals, Courts and Enforcement Act 2007 Archived 27 November 2013 at the Wayback Machine, Legislation.gov.uk, Retrieved 10 November 2010
  25. ^ "Appointment of the Senior President of Tribunals". Courts and Tribunals Judiciary. 31 July 2020. Archived from the original on 9 August 2016. Retrieved 18 March 2021.
  26. ^ Section 7 of the Tribunals, Courts and Enforcement Act 2007 Archived 27 November 2013 at the Wayback Machine, Legislation.gov.uk, Retrieved 10 November 2010
  27. ^ See First-tier and Upper Tribunals Structure Chart Archived 15 October 2010 at the Wayback Machine and, for example, the structure chart for the General Regulatory Chamber Archived 6 March 2012 at the Wayback Machine, Tribunals Service, Retrieved 10 November 2010
  28. ^ "Practice Statements on Composition of Tribunals". Tribunals Service. Archived from the original on 6 March 2012. Retrieved 10 November 2010.
  29. ^ "The difference between "fee-paid" and "salaried part-time" judges - a Freedom of Information request to Judicial Appointments Commission". 29 May 2018. Archived from the original on 8 March 2022. Retrieved 8 March 2022.
  30. ^ "Frequently Asked Questions - 2: Can I appeal against a decision made by the First-tier Tribunal?". Tribunals Service. Archived from the original on 6 March 2012. Retrieved 10 November 2010.
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