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

Further transitional provisions: appeals under the old appeals provisions

9.—(1) Where, immediately before commencement, an appeal to an adjudicator is pending to which any of the old appeals provisions apply, those provisions shall continue to apply to the appeal after commencement, subject (except where article 3 applies) to the modification that any reference in those provisions to an adjudicator shall be treated as a reference to the Asylum and Immigration Tribunal.

(2) Subject to paragraphs (3) to (5), any provision in the old appeals provisions about appeals or applications to the Immigration Appeal Tribunal or to a court shall not have effect after commencement, and instead sections 103A to 103E shall have effect in relation to appeals decided under the old appeals provisions.

(3) Where sections 103A to 103E have effect by virtue of paragraph (2), they shall do so with the modification that references to section 82 or 83 shall be treated as including a reference to the old appeals provisions.

(4) Where an appeal or application for permission to appeal to the Immigration Appeal Tribunal under the old appeals provisions is pending immediately before commencement—

(a) articles 4(b) and 5, or article 6(1), of this Order (as appropriate) shall apply; but

(b) if, under the old appeals provisions, the appeal or application was not restricted to the ground that the adjudicator made an error of law, then it shall not be so restricted following commencement.

(5) In relation to an appeal which has been determined by the Immigration Appeal Tribunal under the old appeals provisions before commencement, article 8 of this Order shall apply with the references to section 103 being treated as including references to corresponding provisions in the old appeals provisions.