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Nationality, Immigration and Asylum Act 2002

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Changes over time for: Section 104

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Version Superseded: 20/10/2014

Status:

Point in time view as at 15/02/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Section 104 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

104 Pending appealU.K.

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(1)An appeal under section 82(1) is pending during the period—

(a)beginning when it is instituted, and

(b)ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

[F1(2)An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

(a)an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

(b)permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or

(c)an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.]

(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(4)An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant leaves the United Kingdom.

(4A)An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsections (4B) and (4C)).

(4B)Subsection (4A) shall not apply to an appeal in so far as it is brought on the ground relating to the Refugee Convention specified in section 84(1)(g) where the appellant—

(a)is granted leave to enter or remain in the United Kingdom for a period exceeding 12 months, and

(b)gives notice, in accordance with [F4Tribunal Procedure Rules], that he wishes to pursue the appeal in so far as it is brought on that ground.

(4C)Subsection (4A) shall not apply to an appeal in so far as it is brought on the ground specified in section 84(1)(b) where the appellant gives notice, in accordance with [F5Tribunal Procedure Rules], that he wishes to pursue the appeal in so far as it is brought on that ground.]

(5)An appeal under section 82(2)(a), (c), (d), (e) or (f) shall be treated as finally determined if a deportation order is made against the appellant.

Textual Amendments

F2S. 104(3) omitted (4.4.2005) and repealed (prosp.) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, 48(1)-(3), Sch. 2 para. 20(b), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F3S. 104(4)-(4C) substituted (13.11.2006) for s. 104(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 9, 62; S.I. 2006/2838, art. 3

Modifications etc. (not altering text)

C1S. 104 applied (with modifications) by 1997 c. 68, s. 2(2)(j) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

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