Part 5 U.K.Immigration and Asylum Appeals

[F1 Appeal to Tribunal] U.K.

Textual Amendments

F1 S. 81 and preceding cross-heading substituted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(1), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

87 Successful appeal: direction U.K.

(1) If [F2 the Tribunal] allows an appeal under section 82 [F3 , 83 or 83A][F4 it] may give a direction for the purpose of giving effect to [F5 its] decision.

(2) A person responsible for making an immigration decision shall act in accordance with any relevant direction under subsection (1).

[F6 (3) But a direction under this section shall not have effect while—

(a) an application under section 103A(1) (other than an application out of time with permission) could be made or is awaiting determination,

(b) reconsideration of an appeal has been ordered under section 103A(1) and has not been completed,

(c) an appeal has been remitted to the Tribunal and is awaiting determination,

(d) an application under section 103B or 103E for permission to appeal (other than an application out of time with permission) could be made or is awaiting determination,

(e) an appeal under section 103B or 103E is awaiting determination, or

(f) a reference under section 103C is awaiting determination.]

(4) A direction under subsection (1) shall be treated [F7 as part of the Tribunal’s decision on the appeal for the purposes of section 103A] .

Textual Amendments

F2 Words in s. 87 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F3 Words in s. 87(1) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 5; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F4 Word in s. 87 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F5 Word in s. 87 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F6 S. 87(3) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 19(a); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F7 Words in s. 87(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 19(b); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

Modifications etc. (not altering text)

C1 S. 87 applied (with modifications) by 1997 c. 68, s. 2(2)(h)(3)(c) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

Ss. 82-99 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))

Ss. 85-87 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))