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)

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.