Nationality, Immigration and Asylum Act 2002

Exceptions and limitations U.K.

88 Ineligibility U.K.

(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

F1 S. 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)

C1 Ss. 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))

[F2 88A Entry clearance U.K.

(1) A person may not appeal under section 82(1) against refusal of an application for entry clearance unless the application was made for the purpose of—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) entering as the dependant of a person in circumstances prescribed by regulations for the purpose of this subsection.

(2) Regulations under subsection (1) may, in particular—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) provide for the determination of whether one person is dependent on another;

(c) make provision by reference to the [F5 circumstances of the applicant or of the person] on whom he depends, or of both (and the regulations may, in particular, include provision by reference to—

(i) whether or not a person is lawfully settled in the United Kingdom within such meaning as the regulations may assign;

(ii) the duration of two individuals' residence together);

(d) make provision by reference to an applicant’s purpose in entering as a dependant;

(e) make provision by reference to immigration rules;

(f) confer a discretion.

(3) Subsection (1)—

(a) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b) and (c), and

(b) is without prejudice to the effect of section 88 in relation to an appeal under section 82(1) against refusal of entry clearance.]

Textual Amendments

F2 S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))

F3 S. 88A(1)(a) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 52(3), 61(2); S.I. 2013/1042, art. 4(a) (with art. 5)

F4 S. 88A(2)(a) omitted (25.6.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 52(4), 61(2); S.I. 2013/1042, art. 4(a) (with art. 5)

F5 Words in s. 88A(2)(c) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 52(5), 61(2); S.I. 2013/1042, art. 4(a) (with art. 5)

[F6 89 Refusal of leave to enter U.K.

(1) A person may not appeal under section 82(1) against refusal of leave to enter the United Kingdom unless—

(a) on his arrival in the United Kingdom he had entry clearance, and

(b) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter.

(2) Subsection (1) 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

F6 S. 89 substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 6, 62; S.I. 2006/2226, art 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C2 Ss. 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))

F2 90 Non-family visitor U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))

F2 91 Student U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))

92 Appeal from within United Kingdom: general U.K.

(1) A person may not appeal under section 82(1) while he is in the United Kingdom unless his appeal is of a kind to which this section applies.

(2) This section applies to an appeal against an immigration decision of a kind specified in section 82(2)(c), (d), (e), (f) [F7 , (ha)] and (j).

[F8 (2A) So far as it relates to an immigration decision of a kind specified in section 82(2)(e), subsection (2) is subject to section 97B ]

[F9 (3) This section also applies to an appeal against refusal of leave to enter the United Kingdom if—

(a) at the time of the refusal the appellant is in the United Kingdom, and

(b) on his arrival in the United Kingdom the appellant had entry clearance.

(3A) But this section does not apply by virtue of subsection (3) if subsection (3B) or (3C) applies to the refusal of leave to enter.

(3B) This subsection applies to a refusal of leave to enter which is a deemed refusal under paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 (c. 77) resulting from cancellation of leave to enter by an immigration officer—

(a) under paragraph 2A(8) of that Schedule, and

(b) on the grounds specified in paragraph 2A(2A) of that Schedule.

(3C) This subsection applies to a refusal of leave to enter which specifies that the grounds for refusal are that the leave is sought for a purpose other than that specified in the entry clearance.

(3D) This section also applies to an appeal against refusal of leave to enter the United Kingdom if at the time of the refusal the appellant—

(a) is in the United Kingdom,

(b) has a work permit, and

(c) is any of the following (within the meaning of the British Nationality Act 1981 (c. 61))—

(i) a British overseas territories citizen,

(ii) a British Overseas citizen,

(iii) a British National (Overseas),

(iv) a British protected person, or

(v) a British subject.]

(4) This section also applies to an appeal against an immigration decision if the appellant—

(a) has made an asylum claim, or a human rights claim, while in the United Kingdom, or

(b) is an EEA national or a member of the family of an EEA national and makes a claim to the Secretary of State that the decision breaches the appellant’s rights under the [F10 EU] Treaties in respect of entry to or residence in the United Kingdom.

Textual Amendments

F7 Word in s. 92(2) inserted (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 47(7), 62(1)(2); S.I. 2008/310, art. 3(c)

F8 S. 92(2A) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 53(2), 61(2); S.I. 2013/1042, art. 4(b)

F9 S. 92(3)-(3D) substituted (1.10.2004) for s. 92(3) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 28, 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F10 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

Modifications etc. (not altering text)

C3 Ss. 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))

93 Appeal from within United Kingdom: “third country” removal U.K.

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 93 repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33(3)(b), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.

Modifications etc. (not altering text)

C4 Ss. 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))

94 Appeal from within United Kingdom: unfounded human rights or asylum claim U.K.

(1) This section applies to an appeal under section 82(1) where the appellant has made an asylum claim or a human rights claim (or both).

[F12 (1A) A person may not bring an appeal against an immigration decision of a kind specified in section 82(2)(c), (d) [F13 (e) or (ha)] in reliance on section 92(2) if the Secretary of State certifies that the claim or claims mentioned in subsection (1) above is or are clearly unfounded.]

(2) A person may not bring an appeal to which this section applies [F14 in reliance on section 92(4)(a)] if the Secretary of State certifies that the claim or claims mentioned in subsection (1) is or are clearly unfounded.

(3) If the Secretary of State is satisfied that an asylum claimant or human rights claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded.

(4) Those States are—

(a) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 (k) the Republic of Albania,

(l) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) Jamaica,

(o) Macedonia,

(p) the Republic of Moldova, and

(q) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F19 (r) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) Bolivia,

(t) Brazil,

(u) Ecuador,

(v) F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(w) South Africa, and

(x) Ukraine.]

[F22 (y) India.]

[F23 (z) Mongolia,

(aa) Ghana (in respect of men),

(bb) Nigeria (in respect of men).]

[F24 (cc) Bosnia-Herzegovina,

(dd) Gambia (in respect of men),

(ee) Kenya (in respect of men),

(ff) Liberia (in respect of men),

(gg) Malawi (in respect of men),

(hh) Mali (in respect of men),

(ii) Mauritius,

(jj) Montenegro,

(kk) Peru,

(ll) Serbia,

(mm) Sierra Leone (in respect of men).]

[F25 (nn) Kosovo,

(oo) South Korea.]

(5) The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—

(a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and

(b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

[F26 (5A) If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.

(5B) Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).

(5C) A description for the purposes of subsection (5A) may refer to—

(a) gender,

(b) language,

(c) race,

(d) religion,

(e) nationality,

(f) membership of a social or other group,

(g) political opinion, or

(h) any other attribute or circumstance that the Secretary of State thinks appropriate.

[F27 (5D) In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –

(a) shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and

(b) shall have regard to information from any appropriate source (including other member States and international organisations).]]

[F28 (6) The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—

(a) general, or

(b) effected so that the State or part remains listed in respect of a description of person.]

[F29 (6A) Subsection (3) shall not apply in relation to an asylum claimant or human rights claimant who—

(a) is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),

(b) is in custody pursuant to arrest under section 5 of that Act,

(c) is the subject of a provisional warrant under section 73 of that Act,

(d) is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or

(e) is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.]

(7) A person may not bring an appeal to which this section applies in reliance on section 92(4) if the Secretary of State certifies that—

(a) it is proposed to remove the person to a country of which he is not a national or citizen, and

(b) there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.

(8) In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—

(a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and

(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.

(9) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal under section 82(1) while outside the United Kingdom, the appeal shall be considered as if he had not been removed from the United Kingdom.

Textual Amendments

F12 S. 94(1A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(2), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F13 Words in s. 94(1A) substituted (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 47(8), 62(1)(2); S.I. 2008/310, art. 3(c)

F14 Words in s. 94(2) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(3), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F15 S. 94(4)(a)-(j) repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(4), 47, 48(1)-(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.

F16 S. 94(4)(k)-(q) added (1.4.2003) by The Asylum (Designated States) Order 2003 (S.I. 2003/970), art. 3

F17 S. 94(4)(l)(q) omitted (1.1.2007) by virtue of The Asylum (Designated States) (Amendment) Order 2006 (S.I. 2006/3215), art. 2

F18 S. 94(4)(m) omitted (27.7.2007) by virtue of The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 3 (with art. 1)

F19 S. 94(4)(r)-(x) added (23.7.2003) by The Asylum (Designated States) (No. 2) Order 2003 (S.I. 2003/1919), art. 2

F20 S. 94(4)(r) omitted (22.4.2005) by virtue of The Asylum (Designated States) (Amendment) Order 2005 (S.I. 2005/1016), art. 2

F21 S. 94(4)(v) omitted (13.12.2006) by virtue of The Asylum (Designated States) (Amendment) (No. 2) Order 2006 (S.I. 2006/3275), art. 2

F22 S. 94(4)(y) added (15.2.2005) by The Asylum (Designated States) Order 2005 (S.I. 2005/330), art. 2 (with art. 1)

F23 S. 94(4)(z)-(bb) added (2.12.2005) by The Asylum (Designated States) (No. 2) Order 2005 (S.I. 2005/3306), art. 2

F24 S. 94(4)(cc)-(mm) added (27.7.2007) by The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 2 (with art. 1)

F25 S. 94(4)(nn)(oo) inserted (3.3.2010) by The Asylum (Designated States) Order 2010 (S.I. 2010/561), arts. 2, 3 (with art. 2)

F26 S. 94(5A)-(5C) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(5), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F27 S. 94(5D) inserted (1.12.2007) by The Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), reg. 3

F28 S. 94(6) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(6), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F29 S. 94(6A) inserted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 27(7), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

Modifications etc. (not altering text)

C5 Ss. 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))

Commencement Information

I1 S. 94 wholly in force at 1.4.2003; s. 94 not in force at Royal Assent see s. 162(2); s. 94(5) in force for certain purposes at 10.2.2003 by S.I. 2003/249, art. 2, Sch.; s. 94 in force at 1.4.2003 insofar as not already in force by virtue of S.I. 2003/754, art. 2, Sch. 1

[F30 94A European Common List of Safe Countries of Origin U.K.

(1) The Secretary of State shall by order prescribe a list of States to be known as the “European Common List of Safe Countries of Origin”.

(2) Subsections (3) and (4) apply where a person makes an asylum claim or a human rights claim (or both) and that person is –

(a) a national of a State which is listed in the European Common List of Safe Countries of Origin, or

(b) a Stateless person who was formerly habitually resident in such a State.

(3) The Secretary of State shall consider the claim or claims mentioned in subsection (2) to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the person mentioned in that subsection.

(4) The Secretary of State shall also certify the claim or claims mentioned in subsection (2) under section 94(2) unless satisfied that the claim or claims is or are not clearly unfounded.

(5) An order under subsection (1) –

(a) may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom's obligations under [F10 EU] law,

(b) may include transitional, consequential or incidental provision,

(c) shall be made by statutory instrument, and

(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F10 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))

F30 S. 94A inserted (1.12.2007) by The Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), reg. 4

95 Appeal from outside United Kingdom: removal U.K.

A person who is outside the United Kingdom may not appeal under section 82(1) on the ground specified in section 84(1)(g) (except in a case to which section 94(9) applies).

Modifications etc. (not altering text)

C6 Ss. 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))

96 Earlier right of appeal U.K.

[F31 (1) An appeal under section 82(1) against an immigration decision (“the new decision”) in respect of a person may not be brought if the Secretary of State or an immigration officer certifies—

(a) that the person was notified of a right of appeal under that section against another immigration decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),

(b) that the claim or application to which the new decision relates relies on a matter that could have been raised in an appeal against the old decision, and

(c) that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that matter not having been raised in an appeal against the old decision.

(2) An appeal under section 82(1) against an immigration decision (“the new decision”) in respect of a person may not be brought if the Secretary of State or an immigration officer certifies—

(a) that the person received a notice under section 120 by virtue of an application other than that to which the new decision relates or by virtue of a decision other than the new decision,

(b) that the new decision relates to an application or claim which relies on a matter that should have been, but has not been, raised in a statement made in response to that notice, and

(c) that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that matter not having been raised in a statement made in response to that notice.]

(4) In subsection (1) “notified” means notified in accordance with regulations under section 105.

(5) [F32 Subsections (1) and (2) apply to prevent] a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed.

(6) In this section a reference to an appeal under section 82(1) includes a reference to an appeal under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) which is or could be brought by reference to an appeal under section 82(1).

[F33 (7) A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.]

Textual Amendments

F31 S. 96(1)(2) substituted (1.10.2004) for s. 96(1)-(3) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(2), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F32 Words in s. 96(5) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(3), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

F33 S. 96(7) added (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 30(4), 48(1)-(3); S.I. 2004/2523, art. 2, Sch.

Modifications etc. (not altering text)

C7 S. 96 applied (with modifications) by 1997 c. 68, s. 2(2)(i) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and S.I. 2003/1339))

C8 S. 96(1)(a) modified (1.4.2003) by S.I. 2000/2326, reg. 33(3) (as inserted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(9))

S. 96(1)(a) modified (30.4.2006) by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 31(2), Sch. 2 para. 4(7)

C9 S. 96(2)(a)(c) modified (1.4.2003) by S.I. 2000/2326, reg. 33(3) (as inserted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(9))

97 National security, &c. U.K.

(1) An appeal under section 82(1) [F34 , 83(2) or 83A(2)] against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken—

(a) by the Secretary of State wholly or partly on a ground listed in subsection (2), or

(b) in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2).

(2) The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the United Kingdom is—

(a) in the interests of national security, or

(b) in the interests of the relationship between the United Kingdom and another country.

(3) An appeal under section 82(1) [F35 , 83(2) or 83A(2)] against a decision may not be brought or continued if the Secretary of State certifies that the decision is or was taken wholly or partly in reliance on information which in his opinion should not be made public—

(a) in the interests of national security,

(b) in the interests of the relationship between the United Kingdom and another country, or

(c) otherwise in the public interest.

(4) In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.

Textual Amendments

F34 Words in s. 97(1)(3) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 6; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F35 Words in s. 97(1)(3) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 6; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C10 Ss. 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))

[F36 97A National security: deportation U.K.

(1) This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.

[F37 (1A) This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.]

(2) Where this section applies—

(a) section 79 shall not apply,

(b) the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and

[F38 (c) section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.]

[F39 (2A) The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

(a) against the decision to make the deportation order, or

(b) against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

(2B) Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

(a) to the country or territory to which the person is proposed to be removed, and

(b) despite the appeals process not having been begun or not having been exhausted,

would not breach the United Kingdom's obligations under the Human Rights Convention.

(2C) The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

(a) that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

(b) that the whole or part of any human rights claim made by the person is clearly unfounded.

(2D) Subsection (2A) does not allow the person while in the United Kingdom to bring an appeal on a non-human-rights ground, or to continue an appeal so far as brought on non-human-rights grounds, if the Secretary of State certifies that removal of the person—

(a) to the country or territory to which the person is proposed to be removed, and

(b) despite the appeals process, so far as relating to appeal on non-human-rights grounds, not having been begun or not having been exhausted,

would not breach the United Kingdom's obligations under the Human Rights Convention.

(2E) In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person's Convention rights.

(2F) If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

(2G) If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

(2H) The Commission's determination of a review under subsection (2F) is final.

(2J) The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

(2K) Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

(2L) Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.]

(3) A person in respect of whom a certificate is issued under subsection [F40 (2D)] may appeal to the Special Immigration Appeals Commission against the issue of the certificate; and for that purpose the Special Immigration Appeals Commission Act 1997 shall apply as to an appeal against an immigration decision to which section 92 of this Act applies.

(4) The Secretary of State may repeal this section by order.]

Textual Amendments

F36 S. 97A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(1), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F37 S. 97A(1A) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(2), 61(2); S.I. 2013/1042, art. 4(c)

F38 S. 97A(2)(c) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(3), 61(2); S.I. 2013/1042, art. 4(c)

F39 Ss. 97A(2A)-(2L) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c)

F40 Word in s. 97A(3) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(5), 61(2); S.I. 2013/1042, art. 4(c)

Modifications etc. (not altering text)

C11 S. 97A applied (with modifications) by S.I. 2006/1003, reg. 28A (as inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 24)

[F41 97B Variation of leave on grounds of public good: rights of appeal U.K.

(1) This section applies to an immigration decision of a kind referred to in section 82(2)(e) if the Secretary of State, acting in person, certifies that the decision is or was taken wholly or partly on the ground that it is no longer conducive to the public good for the person to have leave to enter or remain in the United Kingdom.

(2) If the person concerned is outside the United Kingdom when the immigration decision is taken, an appeal under section 82(1) against that decision may be brought only from outside the United Kingdom.

(3) Accordingly, the person concerned may not enter the United Kingdom for the purposes of an appeal against that decision and the person’s appeal against that decision is not one of a kind to which section 92 applies.]

Textual Amendments

F41 S. 97B inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 53(3), 61(2); S.I. 2013/1042, art. 4(b)

98 Other grounds of public good U.K.

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

(2) An appeal under section 82(1) against an immigration decision may not be brought or continued if the Secretary of State certifies that the decision is or was taken—

(a) by the Secretary of State wholly or partly on the ground that the exclusion or removal from the United Kingdom of the person to whom the decision relates is conducive to the public good, or

(b) in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on that ground.

(3) In subsection (2)(a) and (b) a reference to the Secretary of State is to the Secretary of State acting in person.

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

(5) Subsection (2) does not prevent the bringing of an appeal against an immigration decision of the kind referred to in section 82(2)(a) on the grounds referred to in section 84(1)(g).

Modifications etc. (not altering text)

C12 Ss. 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))

99 Sections [F42 97 and] 98: appeal in progress U.K.

(1) This section applies where a certificate is issued under section F43 ... 97 or 98 in respect of a pending appeal.

(2) The appeal shall lapse.

Textual Amendments

F42 Words in s. 99 title substituted (8.5.2013) by Crime and Courts Act 2013 (c. 22), ss. 51(2)(b), 61(2); S.I. 2013/1042, art. 2(i)

F43 Words in s. 99(1) omitted (8.5.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 51(2)(a), 61(2); S.I. 2013/1042, art. 2(i)

Modifications etc. (not altering text)

C13 Ss. 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))