{
  "url": "https://openlegislation.uk/nationality-immigration-and-asylum-act-2002/section-85",
  "json_url": "https://openlegislation.uk/nationality-immigration-and-asylum-act-2002/section-85.json",
  "legislation": "ukpga/2002/41",
  "legislation_title": "Nationality, Immigration and Asylum Act 2002",
  "legislation_url": "https://openlegislation.uk/nationality-immigration-and-asylum-act-2002",
  "path": "section/85",
  "kind": "section",
  "number": "85",
  "heading": "Matters to be considered",
  "text": "(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).\n(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.\n(3) Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.\n(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.\n(5) But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.\n(6) A matter is a “new matter” if—\n(a) it constitutes a ground of appeal of a kind listed in section 84, and\n(b) the Secretary of State has not previously considered the matter in the context of—\n(i) the decision mentioned in section 82(1), or\n(ii) a statement made by the appellant under section 120.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 85 substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in s. 85(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in s. 85(4) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 18(1)(2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(iii); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "S. 85(5)(6) substituted for s. 85(5) (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(5), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 84-86 applied by S.I. 2006/1003, Sch. 1 para. 1 (as amended (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 15 (with reg. 6)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 85 applied (with modifications) by 1997 c. 68, s. 2(2)(f) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "S. 85 modified (30.10.2020) by The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020 (S.I. 2020/1101), regs. 1, 7"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "S. 85(2) applied (with modifications) by S.I. 2006/1003, Sch. 2 para. 4(10) (as substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b))"
    },
    {
      "type": "C",
      "label": "C5",
      "text": "S. 85(2)(6)(a) applied (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), reg. 1(2)(b), Sch. 2 para. 2(4)"
    },
    {
      "type": "C",
      "label": "C6",
      "text": "S. 85(4) applied (with modifications) by 1997 c. 68, s. 2(3)(a) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "ukpga/2022/36",
      "affecting_title": "Nationality and Borders Act 2022"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2022/36",
      "affecting_title": "Nationality and Borders Act 2022"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2022/36",
      "affecting_title": "Nationality and Borders Act 2022"
    },
    {
      "type": "words inserted",
      "affecting": "ukpga/2022/36",
      "affecting_title": "Nationality and Borders Act 2022"
    },
    {
      "type": "words substituted",
      "affecting": "ukpga/2022/36",
      "affecting_title": "Nationality and Borders Act 2022"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2002/41/section/85",
    "retrieved_at": "2026-10-29T09:18:47.769208+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}