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Immigration and Asylum Act 1999, Section 103 is up to date with all changes known to be in force on or before 05 September 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.
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(1)If, on an application for support under section 95, the Secretary of State decides that the applicant does not qualify for support under that section, the applicant may appeal to [F1the First-tier Tribunal].
(2)If the Secretary of State decides to stop providing support for a person under section 95 before that support would otherwise have come to an end, that person may appeal to [F2the First-tier Tribunal].
[F3(2A)If the Secretary of State decides not to provide accommodation for a person under section 4, or not to continue to provide accommodation for a person under section 4, the person may appeal to [F4the First-tier Tribunal].]
(3)On an appeal under this section, the [F5First-tier Tribunal] may—
(a)require the Secretary of State to reconsider the matter;
(b)substitute [F6its] decision for the decision appealed against; or
(c)dismiss the appeal.
F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The decision of the [F8First-tier Tribunal] is final.
(6)If an appeal is dismissed, no further application by the appellant for support under [F9section 4 or 95] is to be entertained unless the Secretary of State is satisfied that there has been a material change in the circumstances.
(7)The Secretary of State may by regulations provide for decisions as to where support provided under [F10section 4 or 95] is to be provided to be appealable to [F11the First-tier Tribunal] under this Part.
(8)Regulations under subsection (7) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.
(9)The Secretary of State may pay any reasonable travelling expenses incurred by an appellant in connection with attendance at any place for the purposes of an appeal under this section.
Textual Amendments
F1Words in s. 103(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(a)
F2Words in s. 103(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(a)
F3S. 103(2A) inserted (31.3.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 10(3)(a), 48(3) (with s. 10(6)); S.I. 2005/372, art. 2
F4Words in s. 103(2A) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(a)
F5Words in s. 103(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(b)
F6Word in s. 103(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(c)
F7S. 103(4) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(d)
F8Words in s. 103(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(b)
F9Words in s. 103(6) substituted (31.3.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 10(3)(b), 48(3) (with s. 10(6)); S.I. 2005/372, art. 2
F10Words in s. 103(7) substituted (31.3.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 10(3)(b), 48(3) (with s. 10(6)); S.I. 2005/372, art. 2
F11Words in s. 103(7) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 182(a)
Modifications etc. (not altering text)
C1S. 103 excluded (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 55(10) (with s. 159); S.I. 2002/2811, art. 2, Sch.
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