IAT This is a reported decision considering whether there is a difference of interpretation of the phrase ‘significant prospect’ in regulation 6(3) of The Community Legal Services (Asylum and Immigration Appeals) Regulations 2005 and of ‘real possibility’ in rule 26(6) of the Asylum and Immigration Tribunal (Procedure) Rules 2005.
Held: in the majority of cases there is no difference in practice and the making of the reconsideration order will usually satisfy the requirements of regulation 6(3) of the Regulations in favour of making a fiunding order (paragraphs 12 to 15); but, there will be occasions when different criteria will apply and the term ‘significant prospect’ may be applied in a more restrictive way; there is a requirement of good faith on the representative’s part – see paragraph 16 and the examples given in paragraph 17 of the determination.
Citations:
[2005] Imm AR 726, [2005] UKAIT 00138
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 04 July 2022; Ref: scu.231360
