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The Immigration and Asylum Appeals (Procedure) Rules 2003

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Transfer of proceedings

52.—(1) Where—

(a)an adjudicator has started to hear an appeal but has not completed the hearing or given his determination; and

(b)a senior adjudicator decides that it is not practicable for that adjudicator to complete the hearing or to give his determination justly or without undue delay,

a senior adjudicator may direct the appeal to be heard by another adjudicator.

(2) Where an appeal is transferred to another adjudicator (“the new adjudicator”) in accordance with paragraph (1)—

(a)any document sent to or given by the adjudicator from whom the appeal was transferred shall be deemed to have been sent to or given by the new adjudicator; and

(b)the new adjudicator shall have power to deal with the appeal as if it had been commenced before him.

(3) The powers of a senior adjudicator under this rule shall, with the appropriate modifications, also apply to the President of the Tribunal in relation to proceedings before the Tribunal.

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