Part 5Immigration and Asylum Appeals
Procedure
103EF2Appeal from Tribunal sitting as panel
1
This section applies to a decision of the Tribunal on an appeal under section 82 F1, 83 or 83A where its jurisdiction is exercised by three or more legally qualified members.
2
A party to the appeal may bring a further appeal on a point of law to the appropriate appellate court.
3
An appeal under subsection (2) may be brought only with the permission of—
a
the Tribunal, or
b
if the Tribunal refuses permission, the appropriate appellate court.
4
On an appeal under subsection (2) the appropriate appellate court may—
a
affirm the Tribunal’s decision;
b
make any decision which the Tribunal could have made;
c
remit the case to the Tribunal;
d
affirm a direction under section 87;
e
vary a direction under section 87;
f
give a direction which the Tribunal could have given under section 87.
5
In this section “the appropriate appellate court” means—
a
in relation to an appeal decided in England or Wales, the Court of Appeal,
b
in relation to an appeal decided in Scotland, the Court of Session, and
c
in relation to an appeal decided in Northern Ireland, the Court of Appeal in Northern Ireland.
6
A further appeal under subsection (2) to the Court of Session shall be to the Inner House.
7
In this section a reference to the Tribunal’s decision on an appeal does not include a reference to—
a
a procedural, ancillary or preliminary decision, or
b
a decision following remittal under section 103B or 103C.