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(1)Where the Immigration Appeal Tribunal has made a final determination of an appeal brought under Part II of the 1971 Act (including that Part as it applies by virtue of Schedule 2 to this Act) any party to the appeal may bring a further appeal to the appropriate appeal court on any question of law material to that determination.
(2)An appeal under this section may be brought only with the leave of the Immigration Appeal Tribunal or, if such leave is refused, with the leave of the appropriate appeal court.
(3)In this section “the appropriate appeal court” means—
(a)if the appeal is from the determination of an adjudicator or special adjudicator and that determination was made in Scotland, the Court of Session; and
(b)in any other case, the Court of Appeal.
(4)Rules of procedure under section 22 of the 1971 Act may include provision regulating, and prescribing the procedure to be followed on, applications to the Immigration Appeal Tribunal for leave to appeal under this section.
(5)In section 33(4) of the 1971 Act—
(a)for the words “in the case of an appeal to an adjudicator, the” there shall be substituted “an”; and
(b)after the words “section 20” there shall be inserted “or section 9 of the Asylum and Immigration Appeals Act 1993”.
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