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Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

1999 CHAPTER 33

Commentary on Sections

Schedule 4: Appeals

Schedule 4, Part II: Effect of appeals.

234.Part II deals with the effect of appeals. Paragraph 10 provides that any directions for removal already given cease to have effect when an appeal is pending under section 59 or 69(1).

235.Paragraph 11 makes similar provision in relation to appeals under sections 66, 67 or 69(5) against removal directions given under section 10 of this Act, or Part I of Schedule 2 or Schedule 3 to the 1971 Act. But paragraph 12 ensures that the detention provisions of Schedule 2 and Schedule 3 may still be applied where appropriate.

236.Paragraph 13 provides that any period where an appeal is pending under section 59, 67 or 69(1) is to be disregarded for the purpose of calculating the period of two months for the giving of directions or notice of directions under Schedule 2 to the 1971 Act. Paragraph 14 defines when an appeal is to be regarded as pending for these purposes and paragraph 15 provides that the same provisions apply to persons belonging to his family as well as to the appellant.

237.Paragraph 16 provides that a variation of leave will not take effect while an appeal against the variation is pending under section 61 or 69(2). Paragraph 17 provides that an appellant’s leave and the conditions attached to it continue while an appeal is pending under section 61 or 69(2).

238.Paragraph 18 provides that a deportation order is not to be made where an appeal is brought under section 63(1)(a) or 69(4)(a) is pending. Paragraph 19 applies similar provisions in respect of the family members of appellants.

239.Paragraph 20 provides that a person will not be required to leave the United Kingdom if an appeal is pending under section 65 (Acts made unlawful by section 6(1) of the Human Rights Act 1998). But that does not prevent the actual giving of directions for removal or the making of a deportation order: such actions will not, however, have effect during the period.

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