(1)A person who is refused leave to enter the United Kingdom under the 1971 Act may appeal against the refusal to a special adjudicator on the ground that his removal in consequence of the refusal would be contrary to the United Kingdom’s obligations under the Convention.
(2)A person who has limited leave under the 1971 Act to enter or remain in the United Kingdom may appeal to a special adjudicator against any variation of, or refusal to vary, the leave on the ground that it would be contrary to the United Kingdom’s obligations under the Convention for him to be required to leave the United Kingdom after the time limited by the leave.
(3)Where the Secretary of State—
(a)has decided to make a deportation order against a person by virtue of section 3(5) of the 1971 Act, or
(b)has refused to revoke a deportation order made against a person by virtue of section 3(5) or (6) of that Act,
the person may appeal to a special adjudicator against the decision or refusal on the ground that his removal in pursuance of the order would be contrary to the United Kingdom’s obligations under the Convention; but a person may not bring an appeal under both paragraph (a) and paragraph (b) above.
(4)Where directions are given as mentioned in section 16(1)(a) or (b) of the 1971 Act for a person’s removal from the United Kingdom, the person may appeal to a special adjudicator against the directions on the ground that his removal in pursuance of the directions would be contrary to the United Kingdom’s obligations under the Convention.
(5)The Lord Chancellor shall designate such number of the adjudicators appointed for the purposes of Part II of the 1971 Act as he thinks necessary to act as special adjudicators for the purposes of this section and may from time to time vary that number and the persons who are so designated.
(6)Schedule 2 to this Act (which makes supplementary provision about appeals under this section) shall have effect; and the preceding provisions of this section shall have effect subject to that Schedule.
(1)Where the Immigration Appeal Tribunal has made a final determination of an appeal brought under Part II of the 1971 Act (including that Part as it applies by virtue of Schedule 2 to this Act) any party to the appeal may bring a further appeal to the appropriate appeal court on any question of law material to that determination.
(2)An appeal under this section may be brought only with the leave of the Immigration Appeal Tribunal or, if such leave is refused, with the leave of the appropriate appeal court.
(3)In this section “the appropriate appeal court” means—
(a)if the appeal is from the determination of an adjudicator or special adjudicator and that determination was made in Scotland, the Court of Session; and
(b)in any other case, the Court of Appeal.
(4)Rules of procedure under section 22 of the 1971 Act may include provision regulating, and prescribing the procedure to be followed on, applications to the Immigration Appeal Tribunal for leave to appeal under this section.
(5)In section 33(4) of the 1971 Act—
(a)for the words “in the case of an appeal to an adjudicator, the” there shall be substituted “an”; and
(b)after the words “section 20” there shall be inserted “or section 9 of the Asylum and Immigration Appeals Act 1993”.
In section 13 of the 1971 Act (appeals against exclusion from United Kingdom), after subsection (3) there shall be inserted—
“(3A)A person who seeks to enter the United Kingdom—
(a)as a visitor, or
(b)in order to follow a course of study of not more than six months duration for which he has been accepted, or
(c)with the intention of studying but without having been accepted for any course of study, or
(d)as a dependant of a person within paragraph (a), (b) or (c) above,
shall not be entitled to appeal against a refusal of an entry clearance and shall not be entitled to appeal against a refusal of leave to enter unless he held a current entry clearance at the time of the refusal.
(3AA)The Secretary of State shall appoint a person, not being an officer of his, to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, by virtue of subsection (3A) above, no right of appeal; and the person so appointed shall make an annual report on the discharge of his functions to the Secretary of State who shall lay a copy of it before each House of Parliament.
(3AB)The Secretary of State may pay to a person appointed under subsection (3AA) above such fees and allowances as he may with the approval of the Treasury determine.”
(1)In section 13 of the 1971 Act, after subsection (3AB) (which is inserted by section 10 above) there shall be inserted—
“(3B)A person shall not be entitled to appeal against a refusal of an entry clearance if the refusal is on the ground that—
(a)he or any person whose dependant he is does not hold a relevant document which is required by the immigration rules; or
(b)he or any person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
(c)he or any person whose dependant he is seeks entry for a period exceeding that permitted by the immigration rules;
and a person shall not be entitled to appeal against a refusal of leave to enter if the refusal is on any of those grounds.
(3C)For the purposes of subsection (3B)(a) above, the following are “relevant documents”—
(a)entry clearances;
(b)passports or other identity documents; and
(c)work permits.”
(2)In section 14 of the 1971 Act (appeals against refusals to vary leave to enter or remain), after subsection (2) there shall be inserted—
“(2A)A person shall not be entitled to appeal under subsection (1) above against any refusal to vary his leave if the refusal is on the ground that—
(a)a relevant document which is required by the immigration rules has not been issued; or
(b)the person or a person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
(c)the variation would result in the duration of the person’s leave exceeding what is permitted by the immigration rules; or
(d)any fee required by or under any enactment has not been paid.
(2B)For the purposes of subsection (2A)(a) above, the following are relevant documents—
(a)entry clearances;
(b)passports or other identity documents; and
(c)work permits.”