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Immigration and Asylum Act 1999

Section 58: Appeals: General

189.This section and the sections which follow it in Part IV set out a revised system of appeals, including a new system for a one-stop comprehensive appeal following refusal of leave to enter or remain. Part IV replaces all rights of appeal established in earlier legislation.

190.Section 58 establishes important general principles. Subsection (1) provides that the right of appeal given by a particular provision of Part IV is subject to any limitations specified in other sections of Part IV.

191.Subsection (5) sets out when an appeal is pending and when it ends: it clarifies that an appeal ceases to be pending when it is abandoned. An adjudicator may rule that an appeal has been abandoned, or an appeal may have to be treated as abandoned, under subsections (8) to (10), because the appellant leaves the United Kingdom, is granted leave to enter or remain, or a deportation order is made against him. Subsections (6) and (7) ensure that an appeal continues to be pending so long as a further appeal may be brought and until such further appeal is finally determined. It is important to know when an appeal is pending, in particular in the light of the effect it has under Part II of Schedule 4 of the Act (stay on directions for removal).

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