# The Immigration and Asylum Appeals (Procedure) Rules 2003, Article 61: Transitional provisions


(1) Subject to paragraphs (4) to (9), these Rules apply with the modification in paragraph (2) and such other modifications as are appropriate to—
(a) any appeal or application to an adjudicator or the Tribunal pending on 1st April 2003 to which, immediately before that date, the Immigration and Asylum Appeals (Procedure) Rules 2000 (“the 2000 Rules”) applied;
(b) any appeal or application to an adjudicator or the Tribunal made on or after 1st April 2003 under an enactment other than the 2002 Act, to which the 2000 Rules would have applied if they had not been revoked.
(2) In relation to an appeal or application to which these Rules apply by virtue of paragraph (1), references in these Rules to a relevant decision shall be interpreted as including any decision of the Secretary of State, an immigration officer or an entry clearance officer against which there is a right of appeal to an adjudicator or the Tribunal under any enactment.
(3) In relation to an appeal or application to an adjudicator or the Tribunal which is pending on 1st April 2003, anything done or any direction given before 1st April 2003 under the 2000 Rules (including anything which, pursuant to rule 4(2) of the 2000 Rules, was treated as if done or given under those Rules) shall be treated as if done or given under these Rules.
(4) In relation to an appeal to an adjudicator against a relevant decision made before 1st April 2003—
(a) rules 7 and 10 of these Rules shall not apply; and
(b) rules 6, 7 and 12 of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
(5) In relation to an application for permission to appeal to the Tribunal against an adjudicator’s determination made before 1st April 2003—
(a) rule 16 of these Rules shall not apply; and
(b) rules 18(2), 18(3) and 19 of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
(6) In relation to an application to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session against a determination made by the Tribunal before 1st April 2003—
(a) rule 28 of these Rules shall not apply; and
(b) rule 27(1) of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
(7) In relation to an adjudicator’s determination against which there is no right of appeal to the Tribunal because of a certificate made by the Secretary of State before 1st April 2003 under paragraph 9 of Schedule 4 to the Immigration and Asylum Act 1999, rule 16 of the 2000 Rules shall continue to apply as if those Rules had not been revoked.
(8) Where, before 1st April 2003, written notice of a decision or determination was sent to the Secretary of State under rule 15(2), 16(5)(b), 18(9A), 19(3) or 19(6)(b) of the 2000 Rules, the Secretary of State must deal with the written notice in accordance with those Rules as if they had not been revoked.
(9) Rule 24 (certificates of no merit) shall not apply in relation to an appeal or application for permission to appeal where the notice of appeal or application notice was given or filed before 1st April 2003.

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Source: https://www.legislation.gov.uk/uksi/2003/652/article/61 (the official version)
Page: https://openlegislation.uk/immigration-and-asylum-appeals-procedure-rules-2003/article-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.