Part 5Immigration and Asylum Appeals
Appeal from adjudicator
100Immigration Appeal Tribunal
1
There shall continue to be an Immigration Appeal Tribunal.
2
Schedule 5 (which makes provision about the Tribunal) shall have effect.
101Appeal to Tribunal
1
A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.
2
A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law.
3
Where an application is made under subsection (2)—
a
it shall be determined by a single judge by reference only to written submissions,
b
the judge may affirm or reverse the Tribunal’s decision,
c
the judge’s decision shall be final, and
d
if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).
4
The Lord Chancellor may by order repeal subsections (2) and (3).
102Decision
1
On an appeal under section 101 the Immigration Appeal Tribunal may—
a
affirm the adjudicator’s decision;
b
make any decision which the adjudicator could have made;
c
remit the appeal to an adjudicator;
d
affirm a direction given by the adjudicator under section 87;
e
vary a direction given by the adjudicator under that section;
f
give any direction which the adjudicator could have given under that section.
2
In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision.
3
But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement—
a
subsection (2) shall not apply, and
b
the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.
4
In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular—
a
require the adjudicator to determine the appeal in accordance with directions of the Tribunal;
b
require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.
103Appeal from Tribunal
1
Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law—
a
where the original decision of the adjudicator was made in Scotland, to the Court of Session, or
b
in any other case, to the Court of Appeal.
2
An appeal under this section may be brought only with the permission of—
a
the Tribunal, or
b
if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b).
3
The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.