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8.—(1) For the purposes of proceedings on an application under section 38 of the 2018 Act, the High Court, or Court of Session in Scotland, is—
(a)not to consider any matter concerning or arising from a decision on an immigration claim which has been or could be raised on an appeal which is pending or could be instituted under section 82 of the Nationality, Immigration and Asylum Act 2002 by virtue of these Regulations; and
(b)bound by any determination disposing of such an appeal.
(2) For the purposes of paragraph (1), the question of whether an appeal is pending is to be determined in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002(1).
Section 104 was amended by paragraph 20 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, section 9 of the Immigration, Asylum and Nationality Act 2006 (c. 13), paragraph 47 of Schedule 9 to the Immigration Act 2014 and S.I. 2010/21.
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