AppealsN.I.
34—(1) This section applies to any appeal which lies under this Act to a court of summary jurisdiction against a decision of the Department in relation to, or to an application for, a licence under this Act.
(2) Any such appeal shall be made in accordance with Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)
(3) The time within which a person may bring such an appeal is 21 days from the date on which notice of the decision appealed against is served on that person.
(4) In the case of a decision where an appeal lies, the notice of the decision shall state the right of appeal to a court of summary jurisdiction and the time within which an appeal may be brought.
(5) On any appeal the court may make such order as it thinks fit and the order shall (without prejudice to any right of appeal) be binding on the Department.
[F1(6) On any appeal, the court is not entitled to entertain any question as to whether—
(a)a person should be, or should have been, granted leave to enter or remain in the United Kingdom, or
(b)a person has, after the date of the decision being appealed against, been granted leave to enter or remain in the United Kingdom.]
Textual Amendments
F1S. 34(6) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 52; S.I. 2016/1037, reg. 5(i) (with reg. 6)
Commencement Information
I1S. 34 in operation at 1.9.2012 by S.R. 2012/313, art. 2(2), Sch. Pt. 2