The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order commences section 26 (unification of appeal system) of and Schedules 1 and 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 on 4th April 2005, with the exception that the insertion by section 26(6) of section 103D into the Nationality, Immigration and Asylum Act 2002 shall not come into force in Northern Ireland.

This Order also contains transitional provisions in relation to pending appeals which were made to an adjudicator before 4th April 2005, and in relation to further appeals and applications in such cases.

In particular, it provides that a pending appeal to an adjudicator shall continue after commencement as an appeal to the Asylum and Immigration Tribunal, and a pending appeal to the Immigration Appeal Tribunal shall be dealt with after commencement by the Asylum and Immigration Tribunal, subject to procedure rules, in the same manner as if it had originally decided the appeal and was reconsidering its own decision.

Provision is also made in relation to further appeals, applications for permission to appeal, and applications for review, which immediately before commencement are pending or could be brought.