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Nationality, Immigration and Asylum Act 2002

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    Commentary on Sections

    Part 5: Immigration and Asylum Appeals

    Appeal to adjudicator

    Section 93: Appeal from within United Kingdom: "third country" removal

    238.Clause 93 is broadly similar to a provision in earlier legislation relating to cases where a certificate has been issued under section 11 or 12 of the 1999 Act (removal of asylum claimants to a "third country"). Under subsection (1) a person may not appeal under section 82(1) while in the United Kingdom if a certificate has been issued. If, however, the appellant has made a human rights claim which the Secretary of State has not certified as clearly unfounded, the person can appeal while in the United Kingdom (subsection (2)).

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