Frequently Asked Questions

The new unified Tribunals system – Tribunals, Courts and Enforcement (TCE) Act 2007

1. What will happen to Asylum Support?
2. What will these changes mean for Asylum Support users?
3. So what changes will the new rules make?
4. Who do we speak to about specific cases after October 2008?
5. Are there other practical changes that we need to understand?
6. No onward appeal rights to upper tribunal with Asylum Support?

1. What will happen to Asylum Support?

Asylum Support (AS) will move into the First-tier Tribunal, Social Entitlement Chamber on 3 November 2008 and the new rules will come into effect on the same day.

The new rules will apply to appeals received by the Tribunal after 3 November 2008. They will also apply, as far as possible, to appeals started before that date and still in progress, provided that applying the rules will not disadvantage either party.

The Asylum Support Tribunal will then become known as ‘First-tier Tribunal (Asylum Support)'.

2. What will these changes mean for Asylum Support users?

Essentially the service for users will remain the same. AS will continue to exist as a jurisdiction even though it will form part of a Chamber with the Criminal Injuries Compensation and Social Security and Child Support jurisdictions;
The Tribunal Judiciary of the existing tribunal will transfer to the new tribunal structure and will continue to sit on AS appeals and work in the same way as at present;
Hearings will continue to be heard in their existing format and will take place at Christopher Wren House in Croydon.

3. So what changes will the new rules make?

Additional powers to be given to the AS Tribunal Judges include:

Power to determine a case on the papers if both parties consent or do not object to this;
Power to exclude evidence if not provided within the time directed;
Power to issue summonses for witness attendance and/or the production of a document;
Power to strike-out a case (for example if it falls outside of the jurisdiction of the AS; if there has been a lack of compliance from a party or if it has no reasonable prospect of success);
Power to make an order prohibiting disclosure of information likely to cause serious harm;
Power to correct accidental clerical slips or omissions in written decisions;
Power to set-aside and re-make final decisions in certain circumstances.

Parties and representatives should check the final published version of the new Rules for the exact details and application of the above – see the Tribunals Service website

4. Who do we speak to about specific cases after October 2008?

The Asylum Support Customer Services Officer, Cheryl Marzetti may be contacted on Freephone number: 0800 389 7913.

Further advice about the appeal process for Asylum Support is available on the Social Entitlement Chamber webpage.

5. Are there other practical changes that we need to understand?

We have produced a comprehensive ‘Meaning of words’ document which will appear on our website shortly and should clarify most questions.

6. No onward appeal rights to upper tribunal with Asylum Support?

While some other parts of the Social Entitlement Chamber will have an appeal right to the Upper Tribunal, Asylum Support will not have an appeal right to the Upper Tribunal but will continue to be open to judicial review.

7. Can I claim the cost of travelling to the hearing centre?

You should contact the Border and Immigration Agency (BIA) for further information about the recovery of costs for travelling to your tribunal hearing.

8. Where can I get a Notice of Appeal form?

The Notice of Appeal form is available on this site.

9. Can I obtain legal aid to help with my appeal?

No. At the moment, legal aid is not available for assisting appellants with their asylum support appeals. However, a law centre or Citizens Advice Bureau may be able to give you free legal assistance in preparing your appeal, and possibly advise you on seeking representation for your hearing.

A solicitor may be able to assist you with the preparation of your appeal under the 'Legal Help and Help at Court' scheme. Some solicitors may also be willing to attend your hearing as a McKenzie friend, or on a pro bono basis, but you should first consult your solicitor about this.

10. Does the Asylum Support Tribunal (AST) hear appeals relating to applications for asylum?

No, the adjudicators are only able to hear appeals relating to refusals or terminations of support provided to asylum seekers.

11. What happens if I disagree with the adjudicator's decision?

The adjudicator's decision is final and there is no right of appeal against it except by way of judicial review.

12. Are the courts open to members of the public?

Yes, asylum support hearings are public hearings. This means that any member of the public wishing to attend may do so.

13. Can I ask for observers to be excluded?

If you do not want members of the public to be present at your hearing, you can apply to the adjudicator to exclude the public. You must have a good reason for making your application; e.g. your evidence includes personal details about your medical condition which you are embarrassed to discuss in public.

14. What happens if my circumstances change after I have made an appeal?

You should inform both the AST and the Secretary of State of any change in your circumstances, as soon as possible. When reaching a decision, the adjudicator may take into account any relevant change of circumstances which occured prior to the date of your hearing.

15. Who appoints the AST Adjudicators?

AST adjudicators are appointed by the Home Secretary and they provide an independent appeals service.

16. Is the AST part of the Home Office's Border and Immigration Agency (BIA)?

No, they are an independent review body and are not a part of BIA..

17. Do you have a freephone contact number?

Yes, the freephone number is 0800 389 7913 (Monday-Friday, 9am-5pm). Please note that this is only for the use of people who wish to discuss their BIA appeal or any part of the appeal process.