The Asylum Appeals (Procedure) Rules 1996

Mixed appeals

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

(2) Where the appellant lodges his 1971 Act appeal before his section 8 appeal has been determined by the authority, the authority shall deal with both appeals in the same proceedings.

(3) Where the appellant lodges his section 8 appeal before his 1971 Act appeal has been determined by the authority, the authority 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 the authority) shall apply to the 1971 Act 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 1971 Act 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) The authority may adjourn a section 8 appeal or a 1971 Act 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 1971 Act appeal) and, in either case, the appeal has not yet been determined.