New Clause 35 - Appeals relating to age assessments: supplementary

Nationality and Borders Bill – in a Public Bill Committee at 11:30 am on 4th November 2021.

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“(1) This section applies to an appeal under section (

(2) The appeal must be brought from within the United Kingdom.

(3) If the person who brings the appeal leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned.

(4) The person who brings the appeal may make an application to the First-tier Tribunal for an order that, until the appeal is finally determined, withdrawn or abandoned, the local authority must exercise its functions under relevant children’s legislation in relation to the person on the basis that they are the age that they claim (or are claimed) to be.

(5) Subsection (6) applies if it is alleged—

(a) that a document relied on by a party to an appeal is a forgery, and

(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.

(6) The First-tier Tribunal—

(a) must investigate the allegation in private, and

(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (5)(b).

(7) Subsection (8) applies in relation to—

(a) proceedings on an appeal, and

(b) proceedings in the Upper Tribunal arising out of proceedings within paragraph (a).

(8) Practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007 may require the First-tier Tribunal or the Upper Tribunal to treat a specified decision of the First-tier Tribunal or the Upper Tribunal as authoritative in respect of a particular matter.

(9) For the purposes of this Part an appeal is not finally determined if—

(a) an application for permission to appeal under section 11, 13 or 14B of the Tribunals, Courts and Enforcement Act 2007 could be made (ignoring any possibility of an application out of time) or is awaiting determination,

(b) an application for permission to appeal to the Supreme Court from—

(i) the Court of Appeal in England and Wales,

(ii) the Court of Session, or

(iii) the Court of Appeal in Northern Ireland,

could be made (ignoring any possibility of an application out of time) or is awaiting determination,

(c) permission to appeal of the kind mentioned in paragraph (a) or (b) has been granted and the appeal is awaiting determination, or

(d) an appeal has been remitted under section 12 or 14 of the Tribunals, Courts and Enforcement Act 2007, or by the Supreme Court, and is awaiting determination.” —

This new clause makes procedural provision about appeals against age assessments, including providing a power for the First-tier Tribunal to grant interim relief.

Brought up, read the First and Second time, and added to the Bill.