Crime and Courts Act 2013

53 Restriction on right of appeal from within the United Kingdom

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 92 (appeals from within the United Kingdom: general), after subsection (2) insert—

“(2A) So far as it relates to an immigration decision of a kind specified in section 82(2)(e), subsection (2) is subject to section 97B.”

(3) After section 97A insert—

“97B Variation of leave on grounds of public good: rights of appeal

(1) This section applies to an immigration decision of a kind referred to in section 82(2)(e) if the Secretary of State, acting in person, certifies that the decision is or was taken wholly or partly on the ground that it is no longer conducive to the public good for the person to have leave to enter or remain in the United Kingdom.

(2) If the person concerned is outside the United Kingdom when the immigration decision is taken, an appeal under section 82(1) against that decision may be brought only from outside the United Kingdom.

(3) Accordingly, the person concerned may not enter the United Kingdom for the purposes of an appeal against that decision and the person’s appeal against that decision is not one of a kind to which section 92 applies.”