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Nationality, Immigration and Asylum Act 2002

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Status:

Point in time view as at 28/06/2022.

Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Section 101 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

101 Appeal to TribunalU.K.

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[F1(1)A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.

(2)A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law.

(3)Where an application is made under subsection (2)—

(a)it shall be determined by a single judge by reference only to written submissions,

(b)the judge may affirm or reverse the Tribunal’s decision,

(c)the judge’s decision shall be final, and

(d)if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).

(4)The Lord Chancellor may by order repeal subsections (2) and (3).]

Textual Amendments

F1Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.)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)

C1Ss. 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))

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