Search Legislation

Nationality, Immigration and Asylum Act 2002

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 82

 Help about opening options

Version Superseded: 01/04/2008

Status:

Point in time view as at 31/08/2006. This version of this provision has been superseded. Help about Status

Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Section 82 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

82 Right of appeal: generalU.K.

This section has no associated Explanatory Notes

(1)Where an immigration decision is made in respect of a person he may appeal [F1to the Tribunal] .

(2)In this Part “immigration decision” means—

(a)refusal of leave to enter the United Kingdom,

(b)refusal of entry clearance,

(c)refusal of a certificate of entitlement under section 10 of this Act,

(d)refusal to vary a person’s leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain,

(e)variation of a person’s leave to enter or remain in the United Kingdom if when the variation takes effect the person has no leave to enter or remain,

(f)revocation under section 76 of this Act of indefinite leave to enter or remain in the United Kingdom,

(g)a decision that a person is to be removed from the United Kingdom by way of directions under [F2section 10(1)(a), (b), (ba) or (c)] of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom),

(h)a decision that an illegal entrant is to be removed from the United Kingdom by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),

(i)a decision that a person is to be removed from the United Kingdom by way of directions given by virtue of paragraph 10A of that Schedule (family),

[F3(ia)a decision that a person is to be removed from the United Kingdom by way of directions under paragraph 12(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (seamen and aircrews),]

[F4(ib)a decision to make an order under section 2A of that Act (deprivation of right of abode),]

(j)a decision to make a deportation order under section 5(1) of that Act, and

(k)refusal to revoke a deportation order under section 5(2) of that Act.

(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

Textual Amendments

F1Words in s. 82(1) substituted (4.4.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(2), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F2Words in s. 82(2)(g) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 2, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F5S. 82(3) repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 11(6), 61, 62, Sch. 3; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C1Ss. 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))

Back to top

Options/Help