Part 5Immigration and Asylum Appeals

F4Appeal to Tribunal

Annotations:
Amendments (Textual)
F4

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)

C185 Matters to be considered

1

An appeal under section 82(1) against a decision shall be treated by F1the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).

2

If an appellant under section 82(1) makes a statement under section 120, F1the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84(1) against the decision appealed against.

3

Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.

C24

On an appeal under section 82(1) or 83(2) against a decision F2the Tribunal may consider evidence about any matter which F3it thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision.

5

But in relation to an appeal under section 82(1) against refusal of entry clearance or refusal of a certificate of entitlement under section 10—

a

subsection (4) shall not apply, and

b

F1the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.