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Nationality, Immigration and Asylum Act 2002
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- 23/05/2011- Amendment
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Nationality, Immigration and Asylum Act 2002, Section 85A is up to date with all changes known to be in force on or before 30 November 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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Valid from 23/05/2011
[F185AMatters to be considered: new evidence: exceptionsU.K.
This section has no associated Explanatory Notes
(1)This section sets out the exceptions mentioned in section 85(5).
(2)Exception 1 is that in relation to an appeal under section 82(1) against an immigration decision of a kind specified in section 82(2)(b) or (c) the Tribunal may consider only the circumstances appertaining at the time of the decision.
(3)Exception 2 applies to an appeal under section 82(1) if—
(a)the appeal is against an immigration decision of a kind specified in section 82(2)(a) or (d),
(b)the immigration decision concerned an application of a kind identified in immigration rules as requiring to be considered under a “Points Based System”, and
(c)the appeal relies wholly or partly on grounds specified in section 84(1)(a), (e) or (f).
(4)Where Exception 2 applies the Tribunal may consider evidence adduced by the appellant only if it—
(a)was submitted in support of, and at the time of making, the application to which the immigration decision related,
(b)relates to the appeal in so far as it relies on grounds other than those specified in subsection (3)(c),
(c)is adduced to prove that a document is genuine or valid, or
(d)is adduced in connection with the Secretary of State's reliance on a discretion under immigration rules, or compliance with a requirement of immigration rules, to refuse an application on grounds not related to the acquisition of “points” under the “Points Based System”.
[F2(5)Tribunal Procedure Rules may make provision, for the purposes of subsection (4)(a), about the circumstances in which evidence is to be treated, or not treated, as submitted in support of, and at the time of making, an application.]]
Textual Amendments
F1S. 85A inserted (prosp.) by UK Borders Act 2007 (c. 30), ss. 19(2), 59(2)
F2S. 85A(5) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 1 para. 23 (with Sch. 4)
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