Part 5F5Appeals in respect of Protection and Human Rights Claims

Annotations:
Amendments (Textual)
F5

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))

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)

C4C185 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).

C32

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 F1084 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) F7... against a decision F2the Tribunal may consider F8... any matter which F3it thinks relevant to the substance of the decision, including F9... a matter arising after the date of the decision.

F65

But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.

6

A matter is a “new matter” if—

a

it constitutes a ground of appeal of a kind listed in section 84, and

b

the Secretary of State has not previously considered the matter in the context of—

i

the decision mentioned in section 82(1), or

ii

a statement made by the appellant under section 120.