Immigration and Asylum Act 1999 Explanatory Notes

Section 72: Miscellaneous limitations on rights of appeal

214.This section imposes limitations on certain appeal rights. Subsection (1) provides that unless a certificate issued under sections 11 or 12 has been set aside on appeal under section 65 or 71, or otherwise ceases to have effect, the person in respect of whom it was issued is not entitled to appeal on other matters arising before his removal.

215.Subsection (2) provides that an appeal under section 71 will not be exercisable in the United Kingdom if the applicant has been, or is to be sent, to a Member State of the EU or a designated safe third country; nor will that person be able to appeal before removal under section 65 (human rights) if the Secretary of State certifies that the allegation is manifestly unfounded. Subsection (3) provides that applicants cannot appeal against a decision made on an application where that application had to be made on a prescribed form and they did not comply with any prescribed procedures and time limits.

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