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Immigration and Asylum Act 1999

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This is the original version (as it was originally enacted).

Determination of appeals

21(1)On an appeal to him under Part IV, an adjudicator must allow the appeal if he considers—

(a)that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the case, or

(b)if the decision or action involved the exercise of a discretion by the Secretary of State or an officer, that the discretion should have been exercised differently,

but otherwise must dismiss the appeal.

(2)Sub-paragraph (1) is subject to paragraph 24 and to any restriction on the grounds of appeal.

(3)For the purposes of sub-paragraph (1), the adjudicator may review any determination of a question of fact on which the decision or action was based.

(4)For the purposes of sub-paragraph (1)(b), no decision or action which is in accordance with the immigration rules is to be treated as having involved the exercise of a discretion by the Secretary of State by reason only of the fact that he has been requested by or on behalf of the appellant to depart, or to authorise an officer to depart, from the rules and has refused to do so.

(5)If an appeal is allowed, the adjudicator—

(a)must give such directions for giving effect to the determination as he thinks are required; and

(b)may also make recommendations with respect to any other action which he considers should be taken in the case under any of the Immigration Acts.

(6)The duty to comply with directions given under this paragraph is subject to paragraph 22.

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