Section 102 — Nationality, Immigration and Asylum Act 2002: Decision

Decision 102 1 On an appeal under section 101 the Immigration Appeal Tribunal may—

a affirm the adjudicator’s decision;

b make any decision which the adjudicator could have made;

c remit the appeal to an adjudicator;

d affirm a direction given by the adjudicator under section 87;

e vary a direction given by the adjudicator under that section;

f give any direction which the adjudicator could have given under that section.

2 In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision.

3 But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement—

a subsection (2) shall not apply, and b the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.

4 In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular—

a require the adjudicator to determine the appeal in accordance with directions of the Tribunal;

b require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.