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The Rules of the Supreme Court (Northern Ireland) (Amendment) 2005

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8.—(1) In this Rule –

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002; and

“adjudicator” means an adjudicator appointed or treated as if appointed under section 81 of the 2002 Act.

(2) This Rule applies where, by virtue of transitional provisions contained in an order made under section 48(3)(a) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 –

(a)an application to the Immigration Appeal Tribunal for permission to appeal against an adjudicator’s decision on an appeal, which was pending immediately before 4th April 2005, continues on or after 4th April 2005 as an application under section 103A of the 2002 Act; or

(b)an application is made under section 103A of the 2002 Act on or after 4th April 2005 for an order requiring the Asylum and Immigration Tribunal to reconsider an adjudicator’s decision on an appeal.

(3) Order 53A shall apply to the application, subject to the modifications set out in paragraphs (4) to (8).

(4) Rules 3(5) and 5(3) shall not apply.

(5) In rule 1(1), in the definitions of ‘appeal’, ‘appellant’ and ‘Tribunal’ and in rules 3(3), 3(4)(c) to (e), 6 and 7(2), references to the Tribunal shall be construed as references to the adjudicator who decided the appeal.

(6) In rules 3(4)(a), 3(5)(a) and 8(1), references to the appeal shall be construed as references to the appeal to the adjudicator.

(7) In rule 6, the reference to a decision of the Tribunal shall be construed as a reference to a decision of the adjudicator.

(8) In rules 3(4)(b), 8(3)(a) and 8(5), references to the appellant shall be construed as references to the appellant in the appeal to the adjudicator.

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