Part 5Immigration and Asylum Appeals

Procedure

103BF1Appeal from Tribunal following reconsideration

1

Where an appeal to the Tribunal has been reconsidered, a party to the appeal may bring a further appeal on a point of law to the appropriate appellate court.

2

In subsection (1) the reference to reconsideration is to reconsideration pursuant to—

a

an order under section 103A(1), or

b

remittal to the Tribunal under this section or under section 103C or 103E.

3

An appeal under subsection (1) may be brought only with the permission of—

a

the Tribunal, or

b

if the Tribunal refuses permission, the appropriate appellate court.

4

On an appeal under subsection (1) the appropriate appellate court may—

a

affirm the Tribunal’s decision;

b

make any decision which the Tribunal could have made;

c

remit the case to the Tribunal;

d

affirm a direction under section 87;

e

vary a direction under section 87;

f

give a direction which the Tribunal could have given under section 87.

5

In this section “the appropriate appellate court” means—

a

in relation to an appeal decided in England or Wales, the Court of Appeal,

b

in relation to an appeal decided in Scotland, the Court of Session, and

c

in relation to an appeal decided in Northern Ireland, the Court of Appeal in Northern Ireland.

6

An appeal under subsection (1) to the Court of Session shall be to the Inner House.