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Nationality, Immigration and Asylum Act 2002

Nationality, Immigration and Asylum Act 2002 s 85

s 85 Matters to be considered

(1) An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1). (2) If an appellant under section 82(1) makes a statement under section 120, the Tribunal shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section 84 against the decision appealed against. (3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced. (4) On an appeal under section 82(1) ... against a decision the Tribunal may consider ... any matter which it thinks relevant to the substance of the decision, including ... a matter arising after the date of the decision. (5) But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so. (6) A matter is a “new matter” if— (a) it constitutes a ground of appeal of a kind listed in section 84, and (b) the Secretary of State has not previously considered the matter in the context of— (i) the decision mentioned in section 82(1), or (ii) a statement made by the appellant under section 120.

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