Section 103 — Nationality, Immigration and Asylum Act 2002: Appeals: general

Appeals: general 103 1 This section applies where a person has applied for support under—

a section 95, b section 17 of the Nationality, Immigration and Asylum Act 2002, or c both.

2 The person may appeal to an adjudicator against a decision that the person is not qualified to receive the support for which he has applied.

3 The person may also appeal to an adjudicator against a decision to stop providing support under a provision mentioned in subsection (1).

4 But subsection (3) does not apply—

a to a decision to stop providing support under one of the provisions mentioned in subsection (1) if it is to be replaced immediately by support under the other provision, or b to a decision taken on the ground that the person is no longer an asylum-seeker or the dependant of an asylum-seeker.

5 On an appeal under this section an adjudicator may—

a require the Secretary of State to reconsider a matter;

b substitute his decision for the decision against which the appeal is brought;

c dismiss the appeal.

6 An adjudicator must give his reasons in writing.

7 If an appeal under this section is dismissed the Secretary of State shall not consider any further application by the appellant for support under a provision mentioned in subsection (1)(a) or (b) unless the Secretary of State thinks there has been a material change in circumstances.

8 An appeal under this section may not be brought or continued by a person who is outside the United Kingdom.