The Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003

Transfer of appeal out of fast track procedure

23.—(1) Where Part 2 or 3 of these Rules applies to a pending appeal, an adjudicator or the Tribunal may order that that Part shall cease to apply to the appeal—

(a) if all the parties consent;

(b) in exceptional circumstances, if the adjudicator or the Tribunal is satisfied by evidence filed or given by or on behalf of a party that the appeal cannot otherwise be justly determined; or

(c) if—

(i) the respondent has failed to comply with a provision of these Rules, or the Principal Rules as applied by these Rules, or a direction of the appellate authority; and

(ii) the adjudicator or the Tribunal is satisfied that the appellant would be prejudiced by that failure if the appeal were determined in accordance with these Rules.

(2) An adjudicator or the Tribunal may, when making an order under paragraph (1)—

(a) adjourn any hearing of the appeal; and

(b) give directions relating to the further conduct of the appeal.

(3) Where an adjudicator adjourns a hearing in accordance with paragraph (2), rule 13 of the Principal Rules (closure date) shall apply.