C6Part 5F5Appeals in respect of Protection and Human Rights Claims
Pt. 5: power to modify conferred (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), ss. 48(4)(c), 64(2) (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(b)
F4Appeal to Tribunal
S. 81 and preceding cross-heading substituted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(1), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
C5C1C785 Matters to be considered
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).
C3C42
3
Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
C24
F65
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—
C4a
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.
Pt. 5 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 33; 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))