Part 5Appeals in respect of Protection and Human Rights Claims

Appeal from adjudicator

101 Appeal to Tribunal

F1(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).