104 Pending appealU.K.
(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(b)ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
[F1(2)An appeal under section 82(1) is not finally determined for the purposes of subsection (1)(b) while —
(a)an application under section 103A(1) (other than an application out of time with permission) could be made or is awaiting determination,
(b)reconsideration of an appeal has been ordered under section 103A(1) and has not been completed,
(c)an appeal has been remitted to the Tribunal and is awaiting determination,
(d)an application under section 103B or 103E for permission to appeal (other than an application out of time with permission) could be made or is awaiting determination,
(e)an appeal under section 103B or 103E is awaiting determination, or
(f)a reference under section 103C is awaiting determination.]
(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
Textual Amendments
F1S. 104(2) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 48(1)-(3), Sch. 2 para. 20(a); S.I. 2005/565, art. 2 (with savings in arts. 3-9)
F2S. 104(3) omitted (4.4.2005) and repealed (prosp.) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, 48(1)-(3), Sch. 2 para. 20(b), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)
Modifications etc. (not altering text)
C1S. 104 applied (with modifications) by 1997 c. 68, s. 2(2)(j) (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))