(1) Section 104(2) of the Nationality, Immigration and Asylum Act 2002 contains an exhaustive list of the circumstances in which an appeal under section 82(1) is not finally determined.
(2) Although section 104(2) is describing situations in which an appeal is not to be regarded as finally determined, the corollary is that, where none of the situations described in sub-paragraphs (a) to (c) apply (and the appeal has not lapsed or been withdrawn or abandoned), the appeal in question must be treated as having been finally determined.
(3) An appeal which has ceased to be pending within the meaning of section 104 becomes pending again if the Upper Tribunal’s decision refusing permission to appeal from the First-tier Tribunal is quashed on judicial review.
Citations:
[2019] UKUT 399 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 27 November 2022; Ref: scu.650799