Nationality, Immigration and Asylum Act 2002

88 IneligibilityU.K.

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(1)This section applies to an immigration decision of a kind referred to in section 82(2)(a), (b), (d) or (e).

(2)A person may not appeal under section 82(1) against an immigration decision which is taken on the grounds that he or a person of whom he is a dependant—

(a)does not satisfy a requirement as to age, nationality or citizenship specified in immigration rules,

(b)does not have an immigration document of a particular kind (or any immigration document),

[F1(ba)has failed to supply a medical report or a medical certificate in accordance with a requirement of immigration rules,]

(c)is seeking to be in the United Kingdom for a period greater than that permitted in his case by immigration rules, or

(d)is seeking to enter or remain in the United Kingdom for a purpose other than one for which entry or remaining is permitted in accordance with immigration rules.

(3)In subsection (2)(b) “immigration document” means—

(a)entry clearance,

(b)a passport,

(c)a work permit or other immigration employment document within the meaning of section 122, and

(d)a document which relates to a national of a country other than the United Kingdom and which is designed to serve the same purpose as a passport.

(4)Subsection (2) does not prevent the bringing of an appeal on any or all of the grounds referred to in section 84(1)(b), (c) and (g).

Textual Amendments

F1S. 88(2)(ba) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 16), ss. 5, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C1Ss. 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))