United Kingdom Statutory Instruments

(a) was in detention under the Immigration Acts at a place specified in Schedule 2 when he was served with notice of the immigration decision against which he is appealing; and

(b) has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 since that notice was served on him.

(a) Part 2 of these Rules applied at all times to the appeal to the Tribunal;

(b) Part 3 of these Rules applied at all times to any other proceedings before the Tribunal of a type specified in rule 24 of the Principal Rules which related to that appeal; and

(c) the appellant has been continuously in detention under the Immigration Acts at a place or places specified in Schedule 2 to these Rules since being served with notice of the immigration decision against which he is appealing.

    (2) This Part shall cease to apply if the Tribunal makes an order under rule 30(1).

(a) rule 25;

(b) rule 26, omitting paragraphs (2) and (4) of that rule;

(c) rule 27(1) and (2); and

(d) rule 28.

(a) rule 31(2) to (5); and

(b) rule 32(1).

(a) rule 34(1) to (3); and

(b) rule 36.

(a) rule 47 applies subject to rule 28 of these Rules; and

(b) rule 60(2) does not apply.

(a) if all the parties consent;

(b) if it is satisfied by evidence filed or given by or on behalf of a party that there are exceptional circumstances which mean that the appeal or application cannot otherwise be justly determined; or

(c) if - 


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

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

    (2) When making an order under paragraph (1), the Tribunal may - 

(a) adjourn any hearing of the appeal or application; and

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

    (3) Where the Tribunal adjourns a hearing under paragraph (2)(a) - 

(a) it must fix a new date, time and place for the hearing; and

(b) in the case of an adjournment of an appeal, rule 21(4) of the Principal Rules shall apply.

(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) there are shorter time limits for the parties and the Tribunal to take certain steps (rules 7 to 12, 14, 19, 21, 23, 25 and 26);

(b) the procedures for deciding certain issues are simplified or modified to reflect the shorter timetable in fast track proceedings (rules 12, 13, 22 and 28);

(c) in all fast track cases, including cases where the appeal relates in whole or in part to an asylum claim, the Tribunal must serve its determinations and decisions on every party to the appeal (rules 14, 19 and 23); and

(d) in the fast track, an application under section 103A of the 2002 Act must be served on the party to the appeal other than the applicant, who may file submissions in response to the application, which the immigration judge must consider (rules 17 and 18).

Part 5 specifies the circumstances in which the Tribunal may direct that an appeal or application is to be taken out of the fast track procedure, and the rules which apply when the fast track procedure ceases to apply. Part 6 revokes the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003 and contains transitional provisions.

Where these Rules apply, the time limits for applications under section 103A of the 2002 Act are varied by the Asylum and Immigration (Fast Track Time Limits) Order 2005.