Section 245 — Immigration Act 2009: Appeal to High Court on point of law by leave

245 Appeal to High Court on point of law by leave (1) Where any party to an appeal to, or matter before, the Tribunal (being either the person who appealed or applied to the Tribunal, an affected person, or the Minister, chief executive, or other person) is dissatisfied with any determination of the Tribunal in the proceedings as being erroneous in point of law, that party may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the High Court on that question of law. (2) Every appeal under this section must be brought— (a) not later than 28 days after the date on which the decision of the Tribunal to which the appeal relates was notified to the party appealing; or (b) within such further time as the High Court may allow on application made before the expiry of that 28-day period. (3) In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason ought to be submitted to the High Court for its decision. (4) On the appeal, the High Court must determine the question or questions of law arising in the proceedings, and may then— (a) confirm the decision in respect of which the appeal has been brought; or (b) remit the matter to the Tribunal with the opinion of the High Court, together with any directions as to how the matter should be dealt with; or (c) make such other orders in relation to the matter as it thinks fit. (5) Subject to subsection (2), every appeal under this section must be dealt with in accordance with the rules of the court, with any modifications necessary to reflect the provisions of this Act, including any ancillary general practices and procedures developed under section 260 . Compare: 1987 No 74 s 115