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Immigration and Asylum Act 1999

Section 64: Limitations on rights of appeal under section 63

201.This section sets out limitations on the right of appeal under section 63. As now, there will be no right of appeal to the Immigration Appellate Authority for those whom it is decided to deport on the ground that this would be conducive to the public good for national security or similar reasons. Likewise, there will still be no right of appeal to the Immigration Appellate Authority against a refusal to revoke a deportation order where the Secretary of State certifies the appellant’s exclusion on these grounds, nor if the Secretary of State personally refuses to revoke the order. As now, there will instead be a right of appeal in these circumstances to SIAC.

202.An appeal against a refusal to revoke a deportation order will still not be exercisable in the United Kingdom. But sections 65 and 69 will enable an in-country appeal solely on human rights or asylum grounds in some circumstances. Finally, section 64 re-enacts the restriction in the 1971 Act which prevents a person who is being deported as a family member from disputing statements about the family relationship made to secure his entry or stay here, with provision for circumstances when that person cannot be held responsible for such statements.

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