Asylum and Immigration Appeals Act 1993

11 Refusals which are mandatory under immigration rules

(1) In section 13 of the 1971 Act, after subsection (3AB) (which is inserted by section 10 above) there shall be inserted—

“(3B) A person shall not be entitled to appeal against a refusal of an entry clearance if the refusal is on the ground that—

(a) he or any person whose dependant he is does not hold a relevant document which is required by the immigration rules; or

(b) he or any person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or

(c) he or any person whose dependant he is seeks entry for a period exceeding that permitted by the immigration rules;

and a person shall not be entitled to appeal against a refusal of leave to enter if the refusal is on any of those grounds.

(3C) For the purposes of subsection (3B)(a) above, the following are “relevant documents”—

(a) entry clearances;

(b) passports or other identity documents; and

(c) work permits.”

(2) In section 14 of the 1971 Act (appeals against refusals to vary leave to enter or remain), after subsection (2) there shall be inserted—

“(2A) A person shall not be entitled to appeal under subsection (1) above against any refusal to vary his leave if the refusal is on the ground that—

(a) a relevant document which is required by the immigration rules has not been issued; or

(b) the person or a person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or

(c) the variation would result in the duration of the person’s leave exceeding what is permitted by the immigration rules; or

(d) any fee required by or under any enactment has not been paid.

(2B) For the purposes of subsection (2A)(a) above, the following are relevant documents—

(a) entry clearances;

(b) passports or other identity documents; and

(c) work permits.”