The Immigration and Asylum Appeals (Procedure) Rules 2000

Transitional provisions

4.—(1) Subject to paragraphs (3) to (9), these Rules shall apply, with appropriate modifications, to any appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date.

(2) Anything done or any direction given under the Immigration Appeals (Procedure) Rules 1984 (“the 1984 Rules”) or the Asylum Appeals (Procedure) Rules 1996 (“the 1996 Rules”) in relation to an appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date, shall be treated as if done or given under these Rules.

(3) Where an appeal is made under Part II of the 1971 Act, the time limits for giving notice of appeal shall be those in rule 4 of the 1984 Rules and the reference to rule 6 in paragraphs (1)(b), (5) and (6) of rule 12 of these Rules shall be read as a reference to rule 4 of the 1984 Rules.

(4) Where an appeal is made under section 8 of the 1993 Act or section 3 of the 1996 Act, the time limits for giving notice of appeal shall be those in rule 5 of the 1996 Rules and the reference to rule 6 in paragraphs (1)(b), (5) and (6) of rule 12 of these Rules shall be read as a reference to rule 5 of the 1996 Rules.

(5) Where an appeal made under Part II of the 1971 Act has been determined by an adjudicator before 2nd October 2000, the time limits for making an application to the Tribunal for leave to appeal shall be those in paragraphs (2) to (4) of rule 15 of the 1984 Rules.

(6) Where an appeal is made under section 8 of the 1993 Act, the reference in rule 11(3) of these Rules to section 69 of the 1999 Act shall be read as a reference to section 8 of the 1993 Act.

(7) Where an appeal is made under the previous appeals provisions, the reference in rule 12(1)(a)(i) of these Rules to a provision of the 1999 Act shall be read as a reference to a provision of the 1971 Act, the 1993 Act or the 1996 Act specified by the respondent.

(8) Where an appeal is made to the Tribunal at first instance under section 15(7) of the 1971 Act as provided by rule 3 of the 1984 Rules, Part II of these Rules shall apply as if the appeal had been made to an adjudicator at first instance.

(9) Rule 41 of the 1984 Rules shall continue to apply to a reference made by the Secretary of State under section 21 of the 1971 Act.

(10) In rule 35(1)(a) of these Rules, before the coming into force of section 84, a person appealing against an immigration decision may be represented by—

(a) a solicitor, barrister, advocate or a person who is a Fellow of the Institute of Legal Executives;

(b) a person appointed by a voluntary organisation in receipt of a grant under section 23 of the 1971 Act or section 81 of the 1999 Act; or

(c) with the leave of the appellate authority, any other person.