The Asylum and Immigration Tribunal (Procedure) Rules 2005

PART 6 Revocation and Transitional Provisions

Revocation

61.  The Immigration and Asylum Appeals (Procedure) Rules 2003(1) are revoked.

Transitional provisions

62.—(1) Subject to the following paragraphs of this rule, these Rules apply to any appeal or application to an adjudicator or the Immigration Appeal Tribunal which was pending immediately before 4th April 2005, and which continues on or after that date as if it had been made to the Tribunal by virtue of a transitional provisions order.

(2) Where a notice of a relevant decision has been served before 4th April 2005 and the recipient gives notice of appeal against the decision on or after 4th April 2005—

(a) rules 6-8, 12 and 13 of these Rules shall not apply; and

(b) rules 6-9 of the 2003 Rules shall continue to apply as if those Rules had not been revoked, but subject to the modifications in paragraph (4).

(3) Where a notice of appeal to an adjudicator has been given before 4th April 2005, but the respondent has not filed the notice of appeal with the appellate authority in accordance with rule 9 of the 2003 Rules—

(a) rules 12 and 13 of these Rules shall not apply; and

(b) rule 9 of the 2003 Rules shall continue to apply as if it had not been revoked, but subject to the modifications in paragraph (4).

(4) The modifications referred to in paragraphs (2)(b) and (3)(b) are that—

(a) references to an adjudicator or the appellate authority shall be treated as referring to the Tribunal;

(b) in rule 9(1) of the 2003 Rules—

(i) the words “Subject to rule 10” shall be omitted; and

(ii) for “together with” there shall be substituted “and must also when directed by the Asylum and Immigration Tribunal file”; and

(c) for rule 9(2) of the 2003 Rules there shall be substituted—

“(2) The respondent must, as soon as practicable after filing the notice of appeal, serve on the appellant—

(a) a copy of all the documents listed in paragraph (1), except for documents which the respondent has already sent to the appellant; and

(b) notice of the date on which the notice of appeal was filed.”.

(5) Where, pursuant to a transitional provisions order, the Tribunal considers a section 103A application for a review of an adjudicator’s determination of an appeal, Section 1 of Part 3 of these Rules shall apply subject to the modifications that—

(a) in rules 26(3) and 27(2), the references to “its decision” shall be interpreted as referring to the adjudicator’s decision; and

(b) in rules 26(6)(a) and 27(3)(a), the references to “the Tribunal” shall be interpreted as referring to the adjudicator.

(6) Where, pursuant to a transitional provisions order, the Tribunal reconsiders an appeal which was originally determined by an adjudicator, Section 2 of Part 3 shall apply to the reconsideration, subject to paragraph (7).

(7) Where—

(a) a party has been granted permission to appeal to the Immigration Appeal Tribunal against an adjudicator’s determination before 4th April 2005, but the appeal has not been determined by that date; and

(b) by virtue of a transitional provisions order the grant of permission to appeal is treated as an order for the Tribunal to reconsider the adjudicator’s determination,

the reconsideration shall be limited to the grounds upon which the Immigration Appeal Tribunal granted permission to appeal.

(8) Any time limit in these Rules for the Tribunal to do anything shall not apply in relation to proceedings to which these Rules apply by virtue of paragraph (1) of this rule.

(9) In relation to proceedings which were pending immediately before 4th April 2005—

(a) unless the Tribunal directs otherwise—

(i) anything done or any directions given before 4th April 2005 under the 2003 Rules (including anything which, pursuant to rule 61(3) of those Rules, was treated as if done or given under those Rules) shall continue to have effect on and after that date;

(ii) anything done or any directions given by the appellate authority shall be treated as if done or given by the Tribunal; and

(iii) any document served on the appellate authority shall be treated as if served on the Tribunal;

(b) unless the context requires otherwise, any reference in a document to an adjudicator, the Immigration Appeal Tribunal or the appellate authority shall, insofar as it relates to an event on or after 4th April 2005, be treated as a reference to the Tribunal.

(10) In this rule—

(a) “the 2003 Rules” means the Immigration and Asylum Appeals (Procedure) Rules 2003;

(b) “adjudicator” and “appellate authority” have the same meaning as in the 2003 Rules; and

(c) “a transitional provisions order” means an order under section 48(3)(a) of the 2004 Act containing transitional provisions.

(1)

S.I. 2003/652.