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.