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.