Part 5Appeals in respect of Protection and Human Rights Claims

Procedure

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ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

F1(2)

An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

(a)

an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

(b)

permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or

(c)

an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.

F2(3)

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F3(4)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)

An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to F5subsection (4B)).

(4B)

Subsection (4A) shall not apply to an appeal in so far as it is brought on F6a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—

F7(a)

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(b)

gives notice, in accordance with F8Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.

F9(4C)

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F10(5)

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