Part 5Appeals in respect of Protection and Human Rights Claims
Appeal to Tribunal
85 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).
(2)
(3)
Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
(4)
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.