AIT (1) The jurisdiction of the Tribunal is in all cases limited to the grounds of appeal, as varied before the Immigration Judge, plus any grounds contained in section 120 statements and Robinson obvious points. The Tribunal is not empowered by section 86 of the 2002 Act to allow an appeal on some other basis. Grounds of appeal cannot be varied by implication.
(2) Paragraph (1) informs the approach that the Tribunal must take on reconsideration in determining whether an Immigration Judge has materially erred in law.
(3) The Respondent’s failure to consider the eligibility of an appellant under the backlog policy, announced in the White Paper entitled: ‘Fairer, Faster and Firmer – A Modern Approach to Immigration and Asylum’ issued on 27 July 1998, does not raise any Robinson obvious point.
[2008] UKAIT 00058
Bailii
England and Wales
Updated: 22 July 2021; Ref: scu.277827