Part 5Immigration and Asylum Appeals

Appeal from adjudicator

102Decision

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.