SCHEDULES

SCHEDULE 9Transitional and consequential provision

PART 4Provision relating to appeals

Nationality, Immigration and Asylum Act 2002 (c. 41)

41

1

Section 96 (earlier right of appeal) is amended as follows.

2

In subsection (1)—

a

in the opening words, for the words from the beginning to “brought” substitute “ A person may not bring an appeal under section 82 against a decision (“the new decision”) ”;

b

in paragraph (a), omit “immigration”;

c

in paragraph (b) for “matter” substitute “ ground ”;

d

in paragraph (c) for “matter” substitute “ ground ”.

3

For subsection (2) substitute—

2

A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—

a

that the person has received a notice under section 120(2),

b

that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2) or (5), and

c

that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in a statement under section 120(2) or (5).