Legal proceedings
I148Upper Tribunal consideration of new matters
1
This section applies where the Upper Tribunal is considering—
b
2
The Upper Tribunal may consider any matter which it considers relevant to the substance of the decision.
3
But the Upper Tribunal must not consider a new matter unless the condition in subsection (5) is met.
4
A matter is a “new matter” if—
a
it is raised by the person in the course of the appeal or application, and
5
The condition in this subsection is that—
a
within the relevant period the Secretary of State has given the Upper Tribunal consent to consider the new matter, or
b
where the Secretary of State has not given such consent within the relevant period, the Upper Tribunal determines that there were compelling reasons for the person not to have provided details of the matter to the Secretary of State before the end of the claim period.
6
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In subsection (5) “relevant period” means the period of 3 working days beginning with the day after the day on which the new matter is raised by the person in the course of the appeal or application.
8
9
See also section 51 (finality of certain decisions by the Upper Tribunal).