Nationality, Immigration and Asylum Act 2002

Valid from 04/04/2005

[F1103CAppeal from Tribunal instead of reconsiderationU.K.

This section has no associated Explanatory Notes

(1)On an application under section 103A in respect of an appeal the appropriate court, if it thinks the appeal raises a question of law of such importance that it should be decided by the appropriate appellate court, may refer the appeal to that court.

(2)On a reference 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;

(g)restore the application under section 103A to the appropriate court.

(3)In this section—

  • “the appropriate court” has the same meaning as in section 103A, and

  • “the appropriate appellate court” has the same meaning as in section 103B.

(4)A reference under subsection (1) to the Court of Session shall be to the Inner House.]

Textual Amendments