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Immigration Act 1971
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Changes over time for: Section 17
Version Superseded: 02/10/2000
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- 01/02/1991- Amendment
- 26/07/1993
Point in time - 02/10/2000- Amendment
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17 Appeals against removal on objection to destination.U.K.
(1)Subject to the provisions of this Part of this Act, where directions are given under this Act for a person’s removal from the United Kingdom either—
(a)on his being refused leave to enter; or
(b)on a deportation order being made against him; or
(c)on his having entered the United Kingdom in breach of a deportation order;
he may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country or territory specified by him.
(2)Where a person appeals under section 13(1) above on being refused leave to enter the United Kingdom, and either—
(a)before he does so, directions have been given for his removal from the United Kingdom to any country or territory; or
(b)before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal by virtue of the refusal will be for his removal to a country or territory or one of several countries or territories specified in the notice;
then he may on that appeal object to the country or territory to which he would be removed in pursuance of the directions, or to that specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
(3)Where a person appeals under section 15 above against a decision to make a deportation order against him, and before or after he does so the Secretary of State serves on him notice that any directions which may be given for his removal by virtue of the deportation order will be for his removal to a country or territory or one of several countries or territories specified in the notice, then he may on that appeal object to the country or territory specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
(4)Where by virtue of subsection (2) or (3) above a person is able to object to a country or territory on an appeal under section 13(1) or 15, and either he does not object to it on that appeal or his objection to it on that appeal is not sustained, then he shall not be entitled to appeal under this section against any directions subsequently given by virtue of the refusal or order in question, if their effect will be his removal to that country or territory.
(5)A person shall not be entitled to appeal under this section against any directions given on his being refused leave to enter the United Kingdom, unless either he is also appealing under section 13(1) against the decision that he requires leave to enter or he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.
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