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Part 5U.K.[F1Appeals in respect of Protection and Human Rights Claims]

Textual Amendments

F1Pt. 5 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 33; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C1Pt. 5: power to modify conferred (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), ss. 48(4)(c), 64(2) (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(b)

Appeal from adjudicatorU.K.

102 DecisionF3U.K.

[F2(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.]

Textual Amendments

F2Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

Modifications etc. (not altering text)

C2Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

S. 102 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

Textual Amendments applied to the whole legislation

F3Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 16, Sch. 7 (with art. 5, Sch. 2) (as amended (29.6.2011) by The Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408), art. 1, Sch. para. 6; and as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 5, 14)