Part 5Immigration and Asylum Appeals

Procedure

C1104 Pending appeal

1

An appeal under section 82(1) is pending during the period—

a

beginning when it is instituted, and

b

ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

2

An appeal under section 82(1) is not finally determined for the purposes of subsection (1)(b) while a further appeal or an application under section 101(2)—

a

has been instituted and is not yet finally determined, withdrawn or abandoned, or

b

may be brought (ignoring the possibility of an appeal out of time with permission).

3

The remittal of an appeal to an adjudicator under section 102(1)(c) is not a final determination for the purposes of subsection (2) above.

4

An appeal under section 82(1) shall be treated as abandoned if the appellant—

a

is granted leave to enter or remain in the United Kingdom, or

b

leaves the United Kingdom.

5

An appeal under section 82(2)(a), (c), (d), (e) or (f) shall be treated as finally determined if a deportation order is made against the appellant.