Regina (Secretary of State for the Home Department) v Immigration Appeal Tribunal: QBD 12 Jun 2001

Where the Immigration Appeal Tribunal dealt with an appeal by remitting the case back to a special adjudicator for a rehearing, it had concluded the appeal, and it did not thereby delegate to the adjudicator its own function of deciding the appeal. There was no distinction to be made between procedural and substantive remittals. Remittal always involved disposing of the appeal to the IAT. Such a remittal was not a final determination of the appeal under section 9. The full Tribunal could not set aside an interlocutory decision of the chairman. That function was for the IAT.

Citations:

Times 12-Jun-2001

Statutes:

Immigration and Asylum Act 1999 Sch 4, Immigration and Asylum Appeals (Procedure) Rules 2000 (SI 2000 no 2333) 23

Immigration

Updated: 09 April 2022; Ref: scu.86008