Section 47: Removal: persons with statutorily extended leave
125.Section 47 creates a new power which enables to an appealable decision to remove a person from the United Kingdom to be made during the period in which he enjoys continuing leave. It provides that, while a person has continuing leave where an appeal can be brought against a decision to refuse to vary, to curtail or to revoke leave, during this period a decision may also be taken to remove him from the UK. By virtue of subsection (6) this. removal decision is included within the list of immigration decision defined in section 82 of the Nationality, Immigration and Asylum Act 2002 and will therefore give rise to a right of appeal to the Asylum and Immigration Tribunal. Subsection (7) provides that an appeal against the new removal decision may be brought in the United Kingdom; this means that where an appeal is lodged against such a decision removal would not take place until the end of the appeal proceedings.. Subsection (8) includes the removal decision in the list of immigration decisions in relation to which the Secretary of State may certify clearly unfounded asylum or human rights claims.
