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.