The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003

PART 6 REMOVAL OF PENDING PROCEEDINGS FROM FAST TRACK

Transfer of appeal out of fast track procedure

23.—(1) Where Part 2 or 3 of these Rules applies to a pending appeal, an adjudicator or the Tribunal may order that that Part shall cease to apply to the appeal—

(a) if all the parties consent;

(b) in exceptional circumstances, if the adjudicator or the Tribunal is satisfied by evidence filed or given by or on behalf of a party that the appeal cannot otherwise be justly determined; or

(c) if—

(i) the respondent has failed to comply with a provision of these Rules, or the Principal Rules as applied by these Rules, or a direction of the appellate authority; and

(ii) the adjudicator or the Tribunal is satisfied that the appellant would be prejudiced by that failure if the appeal were determined in accordance with these Rules.

(2) An adjudicator or the Tribunal may, when making an order under paragraph (1)—

(a) adjourn any hearing of the appeal; and

(b) give directions relating to the further conduct of the appeal.

(3) Where an adjudicator adjourns a hearing in accordance with paragraph (2), rule 13 of the Principal Rules (closure date) shall apply.

Application of the Principal Rules

24.—(1) This rule applies where any of Parts 2 to 4 of these Rules ceases to apply to a pending appeal or application because—

(a) the conditions in rule 4, 9 or 15 cease to apply; or

(b) an adjudicator or the Tribunal makes an order under rule 23.

(2) Subject to paragraph (3), the Principal Rules shall apply to the appeal or application from the date on which that Part of these Rules ceases to apply.

(3) Where—

(a) a time period for something to be done has started to run under a provision of these Rules; and

(b) that provision ceases to apply,

if the Principal Rules contain a time limit for the same thing to be done, the time period in the Principal Rules shall apply, and shall be treated as running from the date on which the time period under these Rules started to run.