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Nationality, Immigration and Asylum Act 2002
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Changes over time for: Section 87
Version Superseded: 31/08/2006
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Nationality, Immigration and Asylum Act 2002, Section 87 is up to date with all changes known to be in force on or before 06 March 2025. 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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87 Successful appeal: directionU.K.
This section has no associated Explanatory Notes
(1)If [F1the Tribunal] allows an appeal under section 82 or 83 [F2it] may give a direction for the purpose of giving effect to [F3its] decision.
(2)A person responsible for making an immigration decision shall act in accordance with any relevant direction under subsection (1).
[F4(3)But a direction under this section shall not have effect while—
(a)an application under section 103A(1) (other than an application out of time with permission) could be made or is awaiting determination,
(b)reconsideration of an appeal has been ordered under section 103A(1) and has not been completed,
(c)an appeal has been remitted to the Tribunal and is awaiting determination,
(d)an application under section 103B or 103E for permission to appeal (other than an application out of time with permission) could be made or is awaiting determination,
(e)an appeal under section 103B or 103E is awaiting determination, or
(f)a reference under section 103C is awaiting determination.]
(4)A direction under subsection (1) shall be treated [F5as part of the Tribunal’s decision on the appeal for the purposes of section 103A] .
Textual Amendments
F1Words in s. 87 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. 87 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)
F3Word in s. 87 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)
F4S. 87(3) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 19(a); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F5Words in s. 87(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. 19(b); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
Modifications etc. (not altering text)
C1S. 87 applied (with modifications) by 1997 c. 68, s. 2(2)(h)(3)(c) (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))
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