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).