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Immigration and Asylum Act 1999

Section 60: Limitations on rights of appeal under section 59

193.Section 60 sets out the restrictions on rights of appeal under section 59. Subsection (1) provides that persons who claim that they are not subject to immigration control have no right of appeal if they do not possess the appropriate documentary evidence. Subsection (2) provides that there is no right of appeal where a person is seeking leave to enter for a purpose for which the Immigration Rules or an order made by the Secretary of State require a person to hold a particular document, and the person does not hold such a document.

194.Subsection (3) provides that the right of appeal against refusal of leave to enter can only be exercised in the United Kingdom in the cases of persons who held a current entry clearance or work permit. Otherwise, the appeal must be made after removal.

195.Subsections (4) and (5) deny a right of appeal against refusal of entry clearance or leave to enter under section 56 in respect of:

  • visitors (but not including family visitors – see below);

  • students accepted for a course for up to 6 months;

  • those intending to study but not accepted for any course; or

  • a dependant of one of the above.

The appeal right is not removed in the case of such a person if he holds a current entry clearance.

196.Under subsection (5), a person who is refused an entry clearance for a family visit will now enjoy a right of appeal. The meaning of “family visitor” will be prescribed in regulations and the procedures relating to this right of appeal will be set out in procedural rules. Subsection (6) enables the Secretary of State by regulation to require a family visitor appealing under section 59 to pay a fee and for the fee to be repaid if the appeal is allowed.

197.Subsection (7) of section 60 denies a right of appeal against refusal of leave to enter where refusal is mandatory under the Immigration Rules, including a requirement to hold specific documents which are defined in subsection (8) as entry clearances, passports or other identity documents, and work permits. Subsection (9) denies a right of appeal against refusal of leave to enter or refusal of entry clearance if the Secretary of State certifies that directions have been given by the Secretary of State personally that the person’s exclusion is conducive to the public good.

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