Seeking Refuge? - Rights of Women

• to be adjourned (to take place on a date later
than it is supposed to); or
• to be transferred (taken out) from the fast-track
(see the Fast-track Procedure Rules 13(b)(c), 28
and 30).
Under Rule 28 of the Fast-track Procedure
Rules, a fast-track appeal can only be adjourned
when:
• There is not enough time to hear the appeal.
• One of the parties to the appeal, either you or
the Home Office, has not been properly given
the information about when and where your
appeal will take place (information is properly
given to you and the Home Office when it has
been given to you in the way described by the
Procedure Rules).
• The AIT is satisfied by evidence given to them
that:
o the appeal cannot be justly determined
(decided fairly) on the date it is arranged
for; and
o there is a date in the future (not more than
10 days after the original hearing) when it
can be justly determined (decided fairly).
Your legal representative may ask for an
adjournment if, for example, you are too unwell
to attend your hearing on the date that it is set.
Under Rule 30 of the Fast-track Procedure
Rules, a case can be taken out of the fast-track
when:
• all the parties agree to it;
• the AIT is satisfied that there are exceptional
circumstances, which mean that the appeal
cannot be justly determined; or
• the Home Office has not followed a rule or a
direction of the AIT and the AIT is satisfied that
your case would be harmed by that failure if
the appeal were to go ahead.
Some examples of exceptional circumstances
that may result in a case being taken out of the
fast-track are where:
• A case is unsuitable for the fast-track because it
is too complicated.
• Further evidence is needed, such as a medical
or other expert report, in preparation for the
appeal.
• Further research is needed to prepare the
appeal.
When asking the AIT to have the case taken out
of the fast-track, your legal representative will
have to show not only that there are exceptional
circumstances; but that these mean that the
appeal cannot take place in the fast-track.
If your case is taken out of the fast-track, you are
likely to be released from the fast-track detention
centre.
If your legal representative is unable to represent
you in your application to be taken out of the
fast-track or appeal, for example, because you are
not entitled to public funding, you can represent
yourself.
Before the appeal
The following sections on appeals and preparing
for them apply to you whether or not you are in
detention.
As stated above, it is important to get legal advice
and representation at any appeal. When you get a
legal representative (who may be a solicitor or an
immigration advisor, see above) he or she will tell
the AIT that they are representing you. This is
important, as documentation about your appeal
will be sent both to you, and to your legal
representative. If you change your address, it is
vital that you tell both your legal representative
and the AIT, to ensure that documents are sent to
the right address. If you do not do this you will
not receive important information, such as when
and where your appeal is being held.
Once you have completed the correct notice of
appeal and sent it to the AIT, the AIT will give it to
the Home Office as soon as they can.
Once the Home Office has received the notice of
appeal, they must send you and the AIT the
documents that are relevant to the appeal (Rule
13 of the Procedure Rules). This may include:
• the refusal letter and any reasons they have for
refusing you protection in the UK;
26
R (Yogathas) v Secretary of State for the Home Department and R (Thangarasa) v Secretary of State for the Home Department
[2002] UKHL 36
27
R (L and another) v Secretary of State for the Home Department [2003] EWCA Civ 25
49