Nationality, Immigration and Asylum Act 2002

87 Successful appeal: direction U.K.

(1) If [F1 the Tribunal] allows an appeal under section 82 [F2 , 83 or 83A][F3 it] may give a direction for the purpose of giving effect to [F4 its] decision.

(2) A person responsible for making an immigration decision shall act in accordance with any relevant direction under subsection (1).

[F5 (3) But a direction under this section shall not have effect while—

(a) an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

(b) permission to appeal to the Upper Tribunal or a court under either of those sections has been granted and the appeal is awaiting determination, or

(c) an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.]

(4) A direction under subsection (1) shall be treated [F6 as part of the Tribunal’s decision on the appeal for the purposes of section [F7 11 of the Tribunals, Courts and Enforcement Act 2007]] .

Textual Amendments

F1 Words 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)

F2 Words in s. 87(1) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 5; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F3 Word 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)

F4 Word 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)

F5 S. 87(3) substituted (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. 24(a) (with Sch. 4 para. 19)

F6 Words 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)

F7 Words in s. 87(4) substituted (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. 24(b) (with Sch. 4 para. 19)

Modifications etc. (not altering text)

C1 S. 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))