Nationality, Immigration and Asylum Act 2002

82 Right of appeal: general U.K.

(1) Where an immigration decision is made in respect of a person he may appeal [F1 to the Tribunal] .

(2) In this Part “immigration decision” means—

(a) refusal of leave to enter the United Kingdom,

(b) refusal of entry clearance,

(c) refusal of a certificate of entitlement under section 10 of this Act,

(d) refusal to vary a person’s leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain,

(e) variation of a person’s leave to enter or remain in the United Kingdom if when the variation takes effect the person has no leave to enter or remain,

(f) revocation under section 76 of this Act of indefinite leave to enter or remain in the United Kingdom,

(g) a decision that a person is to be removed from the United Kingdom by way of directions under [F2 section 10(1)(a), (b), (ba) or (c)] of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom),

(h) a decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),

[F3 (ha) a decision that a person is to be removed from the United Kingdom by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006 (removal: persons with statutorily extended leave),]

(i) a decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10A of that Schedule (family),

[F4 (ia) a decision that a person is to be removed from the United Kingdom by way of directions under paragraph 12(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (seamen and aircrews),]

[F5 (ib) a decision to make an order under section 2A of that Act (deprivation of right of abode),]

(j) a decision to make a deportation order under section 5(1) of that Act, and

(k) refusal to revoke a deportation order under section 5(2) of that Act.

(3) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (3A) Subsection (2)(j) does not apply to a decision to make a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007; but—

(a) a decision that section 32(5) applies is an immigration decision for the purposes of this Part, and

(b) a reference in this Part to an appeal against an automatic deportation order is a reference to an appeal against a decision of the Secretary of State that section 32(5) applies.]

(4) The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

Textual Amendments

F1 Words in s. 82(1) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(2), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F2 Words in s. 82(2)(g) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 2, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F3 S. 82(2)(ha) inserted (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 47(6), 62(1)(2); S.I. 2008/310, art. 3(c)

F4 S. 82(2)(ia) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 31, 48(1)-(3); S.I. 2004/2523, art. 2 Sch.

F5 S. 82(2)(ib) inserted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 57(2), 62; S.I. 2006/1497, art. 3, Sch.

F6 S. 82(3) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 11(6), 61, 62, Sch. 3; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F7 S. 82(3A) inserted (1.8.2008 for specified purposes) by UK Borders Act 2007 (c. 30), ss. 35(3), 59(2); S.I. 2008/1818, art. 2(a), Sch.

Modifications etc. (not altering text)

C1 Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

C2 S. 82(1) restricted (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 30, Sch. 2 para. 4(2)

C3 S. 82(2) restricted (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 30, Sch. 2 para. 4(1)