C2Part 5F2Appeals 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
C1102 Decision
F11
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.
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))