Part 5Immigration and Asylum Appeals
Appeal to adjudicator
85Matters to be considered
(1)
An appeal under section 82(1) against a decision shall be treated by the adjudicator as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(2)
If an appellant under section 82(1) makes a statement under section 120, the adjudicator shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84(1) against the decision appealed against.
(3)
Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4)
On an appeal under section 82(1) or 83(2) against a decision an adjudicator may consider evidence about any matter which he thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.
(5)
But in relation to an appeal under section 82(1) against refusal of entry clearance or refusal of a certificate of entitlement under section 10—
(a)
subsection (4) shall not apply, and
(b)
the adjudicator may consider only the circumstances appertaining at the time of the decision to refuse.