MPs were this week debating the controversial Bill, under which persons arriving via what the Bill terms ‘illegal’ means, such as a small boat, will be detained and removed to their home country or to Rwanda for claims processing.
In a written statement issued one hour before the debate began, Chalk clarified that additional First-tier tribunal judges would be deployed to the Upper Tribunal to hear the appeals.
‘The judiciary have identified relevant judges, which could provide over 5,000 additional sitting days,’ Chalk said.
‘The decision on whether to deploy additional judges temporarily to the Upper Tribunal, including when they sit and the courtrooms they use, is for the independent judiciary and will be taken by the relevant leadership judges at the time and in the interests of justice. In addition, the Lord Chancellor has asked the Judicial Appointments Commission to recruit more judges to the First-tier and Upper Tribunal.
‘The recruitment will conclude in the next few months and new judges will be appointed, trained, and start sitting from this summer.’
He said the Ministry of Justice had made 25 hearing rooms available for the appeals within the existing Immigration and Asylum Chamber in London, with remote hearing technology installed. More than 100 extra staff have been recruited and are currently in training.
Under the Bill, individuals issued with a third country removal notice have eight days to make their claim. The Home Secretary then has four days to decide whether the claim should succeed, not succeed or be certified as clearly unfounded.
If certified unfounded, there is no automatic right of appeal, but the individual has seven working days to apply to the Upper Tribunal for permission to appeal. The Upper Tribunal has seven working days to decide. No further appeal is available.
If rejected but not certified unfounded, the individual has seven working days to give notice of appeal to the Upper Tribunal, which then has 23 working days to make its decision.
