SCHEDULES

SCHEDULE 4Appeals

Part IProcedure

Leave to appeal

7

If, under the rules, leave to appeal to the Tribunal is required in cases in which an adjudicator dismisses an appeal under section 59, the authority having power to grant leave must grant it—

(a)

if the appeal was against a decision that the appellant required leave to enter the United Kingdom and the authority is satisfied that at the time of the decision he held a certificate of entitlement; and

(b)

if the appeal was against a refusal of leave to enter and the authority is satisfied that—

(i)

at the time of the refusal the appellant held an entry clearance; and

(ii)

the dismissal of the appeal was not required by paragraph 24.