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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Immigration and Asylum Appeals (One-Stop Procedure) (Amendment) Regulations 2001 No. 867 URL: http://www.bailii.org/uk/legis/num_reg/2001/20010867.html

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• completed in English

• completed in full

• signed by yourself or your representative if you have one

• returned as instructed below so as to arrive within 10 working days of when you or your representative received it. Saturdays, Sundays and bank and public holidays are not included when counting the 10 days.[5]

Consequences of failure to disclose additional grounds
The purpose of this procedure is to make sure that there is no unnecessary delay in dealing with your case. Where you have a right of appeal already, it is important that the adjudicator should be able to deal with all the aspects of your case which he is entitled to consider on one single occasion. If you believe you qualify to stay in the United Kingdom, then it is clearly of benefit to you to have a final and comprehensive decision as quickly as possible.

If you raise additional grounds after the period allowed to return the statement, you may lose the chance to have any decision on them reviewed by an independent adjudicator. It may be concluded that they were put forward late to delay your removal from the United Kingdom or the removal of a member of your family. Even if you still have an opportunity to appeal, the appeal may be limited and the fact that you had not disclosed your grounds when required to do so would not be in your favour.

There are safeguards for exceptional circumstances: for example if you only became aware of a reason for staying in the United Kingdom after you returned the statement or if you can give a reasonable excuse for not mentioning additional grounds when asked to do so.

If you have already appealed under the Immigration and Asylum Act 1999 against an earlier decision, we may issue a certificate under section 73 of the Act which cuts off or limits your appeal against this new decision. This is likely to happen if your grounds for appeal were dealt with at the earlier appeal or could have been mentioned then.

The consequences of raising additional grounds late may be serious: you should always disclose your reasons for wishing to stay here and any change of circumstances without delay.

Your right to appeal the decision
If you have been given this form because you are a member of the family of someone who has a right of appeal, but you do not yourself have a right of appeal, this paragraph does not apply to you. The notice of decision tells you if you can appeal the decision. If you do have a right of appeal, a notice of appeal form will be attached to the statement of additional grounds.

• If you do not agree with the reason given for my decision in the notice of decision, then you should explain why in your notice of appeal. What you say there is your "grounds of appeal". The statement of additional grounds is for matters different from those which have already been considered.

• If you make a valid appeal and submit additional grounds, arguments provided in support of those grounds will be considered. If the decision is maintained in the light of those arguments you will be told why. If the additional grounds could have formed part of your appeal if you had disclosed them earlier then the grounds will be included in the material which the adjudicator can consider and you can add to your grounds of appeal in the light of our reasons for maintaining the decision before your papers are sent to the adjudicator. If the additional grounds could not have formed part of your appeal if you had disclosed them earlier then the adjudicator cannot consider those grounds and you will not be able to add to your grounds of appeal. Remember that if you have already appealed under the Immigration and Asylum Act 1999, we may issue a certificate under section 73 of the Act which cuts off or limits your right of appeal. Please do not separate the statement of additional grounds form and the notice of appeal form. There is also a copy of the notice of decision attached to the appeal form: this is for the use of the adjudicator if you appeal, and appeal procedures require you to return it with the appeal form. If you make a photocopy of these papers, or send them by fax, please ensure that all the pages are kept together and in the correct order.

• You may, if you wish, put forward additional grounds without making an appeal. Likewise you should not put forward additional grounds with your appeal if you genuinely have none to suggest. But in either case, please return both forms together. If you submit neither an appeal nor additional grounds then you should comply with any instructions to leave the United Kingdom which you have been given.

Service of statement of additional grounds
The statement may be returned by post to the following address:

[to be inserted by signatory]

The statement may be returned by hand to the following address:

[to be inserted by signatory]

The statement may be sent by fax to the following fax number:

[to be inserted by signatory]

If you are detained the statement may be served by giving it to the person who has custody of you.[6]

Please remember:

• keep any evidence of posting or receipt which you are given

• use a reliable postal service which offers speedy delivery if you can

• if you have been given a notice of appeal make sure it is attached to your statement of additional grounds

• keep this notice with your copy of the notice of refusal

Family applications
If you have received this notice in a package of notices and forms relating to yourself and other members of your family, please return all the statement and appeals forms together if possible. An envelope was enclosed with the package.

[Signature]

[Immigration Officer/On behalf of the Secretary of State]

[Date]

If you have not seen, or need a further copy of the guidance on how to obtain help ("Getting advice on Immigration Matters") your nearest Citizen's Advice Bureau can assist. The leaflet is also available at the Immigration and Nationality Directorate's website: http://www.homeoffice.gov.uk/ind/hpg.html.

[2] S.I. 2000/2244.back

[3] If you have already appealed under the Immigration and Asylum Act 1999 against an earlier decision, we may issue a certificate under section 73 of the Act which cuts off or limits your appeal against this new decision. This is likely to happen if your grounds for appeal were dealt with at the earlier appeal or could have been mentioned then and we think your claim was made to delay your removal from the United Kingdom.back

[4] If your right of appeal is to the Special Immigration Appeals Commission the period is only 5 working days.back

[5] If your right of appeal is to the Special Immigration Appeals Commission the period is only 5 working days.back

[6] This does not apply if your right of appeal is to the Special Immigration Appeals Commission. The statement should be returned by fax or post.back

 © Crown copyright 2001