The Asylum Appeals (Procedure) Rules 1993

Mixed appeals

29.—(1) This rule applies in any case where a person (“the appellant”) is appealing to a special adjudicator or to the Tribunal in relation to any of the grounds mentioned in subsections (1) to (4) of section 8 of the 1993 Act (“the section 8 appeal”) and is also appealing to an adjudicator or to the Tribunal in relation to other grounds under Part II of the 1971 Act (“the Part II appeal”).

(2) Where the appellant lodges his Part II appeal before his section 8 appeal has been determined by a special adjudicator or (as the case may be) the Tribunal, the special adjudicator or the Tribunal shall deal with both appeals in the same proceedings.

(3) Where the appellant lodges his section 8 appeal before his Part II appeal has been determined by an adjudicator or (as the case may be) the Tribunal, the special adjudicator or (as the case may be) the Tribunal dealing with his section 8 appeal shall deal with both appeals in the same proceedings.

(4) These Rules (so far as they relate to appeals to special adjudicators and to the Tribunal) shall apply to the Part II appeal as if that appeal had been a section 8 appeal and shall continue so to apply even if the section 8 appeal is determined before the Part II appeal.

(5) Nothing in paragraph (4) shall—

(a) prejudice any steps taken under the 1984 Rules before the appellant lodged the section 8 appeal; or

(b) require any step to be taken under these Rules which is analogous to a step already taken under the 1984 Rules.

(6) An adjudicator, a special adjudicator or the Tribunal may adjourn a section 8 appeal or a Part II appeal so far as is necessary or expedient for complying with a requirement in this rule to deal with both appeals in the same proceedings.

(7) For the purposes of this rule, a person shall be taken to be appealing if he has given a notice of appeal in accordance with these Rules (in the case of a section 8 appeal) or in accordance with the 1984 Rules (in the case of a Part II appeal) and, in either case, the appeal has not yet been determined.