C6Part 5F5Appeals in respect of Protection and Human Rights Claims
Pt. 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 adjudicator
100 Immigration Appeal Tribunal
F11
There shall continue to be an Immigration Appeal Tribunal.
2
Schedule 5 (which makes provision about the Tribunal) shall have effect.
C1101 Appeal to Tribunal
C2F21
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.
C32
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.
C33
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).
C4102 Decision
F31
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.
C5103 Appeal from Tribunal
F41
Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law—
a
where the original decision of the adjudicator was made in Scotland, to the Court of Session, or
b
in any other case, to the Court of Appeal.
2
An appeal under this section may be brought only with the permission of—
a
the Tribunal, or
b
if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b).
3
The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.
Pt. 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))