Explanatory note

These Rules prescribe the procedure to be followed for appeals made under provisions of Part IV of the Immigration and Asylum Act 1999, which come into force on 2nd October 2000. These provisions will replace certain provisions of the Immigration Act 1971, the Asylum and Immigration Appeals Act 1993 and the Asylum and Immigration Act 1996 (“the previous appeals provisions”).

During a transitional period, these Rules also apply to appeals made under the previous appeals provisions where the appeal is pending on 2nd October 2000 or made on or after that date. The Rules revoke the Immigration Appeals (Procedure) Rules 1984 (“the 1984 Rules”), the Immigration Appeals (Procedure) (Amendment) Rules 1991, the Immigration Appeals (Procedure) (Amendment) Rules 1993 and the Asylum Appeals (Procedure) Rules 1996 (“the 1996 Rules”).

In rule 4, transitional provision is made to provide that, in relation to an appeal made under the previous appeals provisions pending on 2nd October 2000 or made on or after that date, anything done or any direction given under the 1984 Rules or the 1996 Rules, shall be treated as if done or given under these Rules. Rule 4 also makes provision for the time limits in the 1984 Rules or the 1996 Rules for serving a notice of appeal or for making an application for leave to appeal to the Tribunal, to apply to an appeal made under the previous appeals provisions where that period would be longer than any period given under these Rules. Rule 4 also makes further minor transitional provision necessary as a result of making appeals under the previous appeals provisions subject to these Rules.