Part 5Immigration and Asylum Appeals

F6Appeal to Tribunal

Annotations:
Amendments (Textual)
F6

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)

C187 Successful appeal: direction

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).

F43

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 .