The Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005

Transitional provisions

33.—(1) Subject to the following paragraphs of this rule, these Rules apply to any pending appeal or application to an adjudicator or the Immigration Appeal Tribunal which was subject to the 2003 Fast Track Rules 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 7 to 10 of these Rules, and rules 6(1) to (3), 8 and 13(1) and (4) of the Principal Rules, shall not apply; and

(b) rule 6 of the 2003 Fast Track Rules and rules 6 and 8 of the 2003 Principal Rules shall continue to apply as if those rules had not been revoked, with the modification that references to an adjudicator or the appellate authority shall be treated as referring to the Tribunal.

(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 6(3)(a) of the 2003 Fast Track Rules—

(a) rules 9 and 10 of these Rules, and rule 13(1) and (4) of the Principal Rules, shall not apply; and

(b) rule 6(3) of the 2003 Fast Track Rules shall continue to apply as if it had not been revoked, with the modification that the reference to the appellate authority shall be treated as referring to the Tribunal.

(4) 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 (5).

(5) 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.

(6) 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 Fast Track 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.

(7) In this rule—

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

(b) “the 2003 Principal Rules” means the Immigration and Asylum Appeals (Procedure) Rules 2003(1);

(c) “adjudicator” and “appellate authority” have the same meaning as in the 2003 Fast Track Rules and 2003 Principal Rules; and

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

(1)

S.I. 2003/652.