[28D Determination of applications]

[28D  Determination of applications]

[(1)ÌýÌýÌýÌý Where an application for a departure direction has not failed, the Secretary of State shall—

(a)ÌýÌýÌýÌý determine the application in accordance with the relevant provisions of or made under, this Act; or

(b)ÌýÌýÌýÌý refer the application to [the First-tier Tribunal] for the tribunal to determine it in accordance with those provisions.

[(1)ÌýÌýÌýÌý Where an application for a variation has not failed, the [Secretary of State] shall, in accordance with the relevant provisions

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