Nationality, Immigration and Asylum Act 2002

102 Decision U.K.

[F1 (1) 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.]

Textual Amendments

F1 Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

Modifications etc. (not altering text)

C1 Ss. 101-103 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))

Ss. 101-103 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))

S. 102 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)