Glossary

AIT

(see First-tier Tribunal (Immigration and Asylum Chamber) and Tribunal Service Immigration and Asylum (TSIA)) Asylum and Immigration Tribunal, the unified single-tier tribunal that replaced the two tiers of the Immigration Appellate Authority (IAA) and Immigration Appeal Tribunal (IAT). With effect from February 2010, the tribunals of the Immigration and Asylum Chamber of the Tribunal Service (see below) replaced the AIT.

Case law

(see Precedent)
Principles of law arising from court decisions.

CIO bail

Chief Immigration Officer bail. This is one way a detained person or someone acting on their behalf can apply for release.

Concessionary policies

Policies that the Home Office has developed in immigration and asylum cases that are not law, but which the Home Office should follow.

Discretionary policies

Policies that the Home Office has developed in immigration and asylum cases that are not law but which the Home Office should follow.

Discretionary Leave

Leave granted outside the immigration rules at the discretion of the Home Office to those considered not to be in need of international protection or who have been excluded from such protection.

EEA

European Economic Area.

EU

European Union.

Exceptional Leave (see Discretionary Leave and Humanitarian Protection]

Exceptional Leave to Enter or Remain granted outside the immigration rules at the discretion of the Home Office. Such leave has been replaced by the terms Discretionary Leave and Humanitarian Protection.

First-Tier Tribunal (Immigration and Asylum) (see AIT)

This replaced the AIT (see above).  The First-tier (Immigration and Asylum Chamber) or FTT (IAC) is an independent Tribunal dealing with appeals against decisions made by the Home Secretary and Government officials in immigration, asylum and nationality matters.

General information

Information about immigration and asylum procedures that does not refer to an individuals circumstances, for example, leaflets that explain various immigration procedures.

Higher Courts

These include for the purposes of this Guidance the High Court in England and Wales, the Court of Session (Outer House) in Scotland and the High Court in Northern Ireland.

Humanitarian Protection

Leave granted to anyone who is unable to demonstrate a claim for asylum, but who would face a serious risk to life or person arising from the death penalty, unlawful killing, torture, inhuman or degrading treatment or punishment.

Immigration judge

The title given to a member of the First-tier and Upper Tribunals of the Immigration and Asylum Chambers.

Judicial review

The procedure by which the High Court determines the legality of decisions made by public bodies. Judicial review is confined to the review of questions of law, and does not extend to a review of the merits of the administrative decision or the facts of the case.

McKenzie Friend

A term used to describe someone who assists an unrepresented party in court (taking notes, acting as a witness to proceedings, organising papers and/or quietly giving advice). They have no right of audience, and can address the court only if invited by the presiding judge. The OISC does not permit such activity by OISC regulated advisers.

One-Stop Notice (see Statement of Additional Grounds)

The Notice requires applicants to state in full any human rights grounds they wish to rely on in order to remain in the UK.

Points Based Sysem (PBS)

The points-based immigration system is the means by which the UK Government regulates  immigration into the United Kingdom from outside the EEA. It is composed of five "tiers", which replaced all previous work permits and entry schemes.

Precedent

A judgment or decision that should be followed in cases where there are similar facts (see case law above).

Referral

Where an adviser concludes that a client needs advice from another adviser such as where the advice needed is beyond the first advisers Level of competence, and consequently contacts an alternative adviser to arrange the clients transfer to them.

Signposting

Where an adviser provides information to a client about alternative sources of advice such as where the advice needed is beyond the first advisers Level of competence.

Skeleton argument

A written argument submitted to a court outlining the case for the appellant/applicant.

Statement of Additional Grounds (see above).

The response to a One-Stop Notice (see above).

Statutory review

An application to the High Court under section 101(2) of the Nationality, Immigration and Asylum Act 2002 for a review of a decision of the First-tier Tribunal. It is determined by a single judge without a hearing and by reference only to written submissions and documents filed.

Tribunal Service Immigration and Asylum (TSIA) (see AIT and First-tier Tribunal (Immigration and Asylum Chamber)

On 15 February 2010, the Immigration and Asylum Chambers were established in both tiers, First-tier and Upper Tribunals, of the Unified Tribunals framework created by the Tribunals, Courts and Enforcement Act 2007.  The new chambers replace the Asylum and Immigration Tribunal (see AIT above). 

United Kingdom Boarder Agency (UKBA)

The UKBA is a Home Office agency. It manages UK border controls and enforces immigration and customs regulations. It also considers applications for permission to enter or stay in the UK and for citizenship and asylum. 

Upper Tribunal (see AIT and First-tier Tribunal (Immigration and Asylum Chamber))

This replaced the AIT (see above). The Upper Tribunal (Immigration and Asylum Chamber) or UT (IAC) is a superior court of record dealing with appeals against decisions made by the First-tier Tribunal (Immigration and Asylum) Chamber

January 2012