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Nationality, Immigration and Asylum Act 2002, Section 85 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An appeal under section 82(1) against a decision shall be treated by [F1the Tribunal] as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
(2)If an appellant under section 82(1) makes a statement under section 120, [F1the Tribunal] shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section [F284] against the decision appealed against.
(3)Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4)On an appeal under section 82(1) F3... against a decision [F4the Tribunal] may consider F5... any matter which [F6it] thinks relevant to the substance of the decision, including F7... a matter arising after the date of the decision.
[F8(5)But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.
(6)A matter is a “new matter” if—
(a)it constitutes a ground of appeal of a kind listed in section 84, and
(b)the Secretary of State has not previously considered the matter in the context of—
(i)the decision mentioned in section 82(1), or
(ii)a statement made by the appellant under section 120.]
Textual Amendments
F1Words in s. 85 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F2Word in s. 85(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F3Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F4Words in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F5Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F6Word in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F7Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(iii); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F8S. 85(5)(6) substituted for s. 85(5) (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(5), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
Modifications etc. (not altering text)
C1Ss. 84-86 applied by S.I. 2006/1003, Sch. 1 para. 1 (as amended (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 15 (with reg. 6)
C2S. 85 applied (with modifications) by 1997 c. 68, s. 2(2)(f) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))
C3S. 85 modified (30.10.2020) by The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020 (S.I. 2020/1101), regs. 1, 7
C4S. 85(2) applied (with modifications) by S.I. 2006/1003, Sch. 2 para. 4(10) (as substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b))
C5S. 85(2)(6)(a) applied (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), reg. 1(2)(b), Sch. 2 para. 2(4)
C6S. 85(4) applied (with modifications) by 1997 c. 68, s. 2(3)(a) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))
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