Part 4Detention and Removal

Removal

C1C279 Deportation order: appeal

1

A deportation order may not be made in respect of a person while an appeal under section 82(1) F2that may be brought or continued from within the United Kingdom relating to the decision to make the order—

a

could be brought (ignoring any possibility of an appeal out of time with permission), or

b

is pending.

2

In this section “pending” has the meaning given by section 104.

F13

This section does not apply to a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007.

4

But a deportation order made in reliance on subsection (3) does not invalidate leave to enter or remain, in accordance with section 5(1) of the Immigration Act 1971, if and for so long as section 78 above applies.