Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

1999 CHAPTER 33

Commentary on Sections

Part IV: Appeals

Section 78: Transfer of appellate proceedings

224. Section 78 clarifies the position of those applicants who have appealed and who subsequently have a decision to deport or to refuse to revoke a deportation order taken against them, which they cannot appeal against under section 63 because of the limitations of rights of appeal imposed by section 64. If such a person appeals against that decision under section 2(1) or 2A of the Special Immigrations Appeals Commission Act 1997, any appeal under Part IV is transferred to, and must be heard by SIAC. Subsection (5) transfers an appeal to SIAC if an additional ground given under section 74 or 75 raises issues which would otherwise go to SIAC on appeal.