Immigration and Asylum Act 1999
1999 CHAPTER 33
Commentary on Sections
Schedule 4: Appeals
Schedule 4, Part III: Determination of appeals.
240.Part III of Schedule 4 sets out provisions for the determination of appeals. Paragraph 21 provides that, subject to paragraph 24, which sets out the appeals which must be dismissed, an adjudicator must allow an appeal if he considers that a decision was not in accordance with the law or with any immigration rules applicable to the case or if the decision involved the exercise of discretion which should have been exercised differently. Under subparagraph (5) the adjudicator must, in allowing an appeal, give directions for giving effect to the determinations and may also make recommendations with regard to any other action he considers should be taken under the Immigration Acts. The Immigration Rules are to be amended to include certain concessionary matters over which adjudicators previously had no jurisdiction.
241.Paragraph 22 sets out the circumstances in which an appellant may appeal to the Immigration Appeal Tribunal against an adjudicator’s determination. If the Tribunal affirms the adjudicator’s determination it may add to or alter any directions or recommendations.
242.Paragraph 23 provides that with the leave of the Tribunal an appellant may appeal further to the Court of Appeal, or, in Scotland, the Court of Session. If leave is refused the appellant may bring an appeal with the leave of the court itself.
243.Paragraph 24 sets out those appeals which must be dismissed. These are where the adjudicator is satisfied that the appellant was an illegal entrant at the time of the refusal of leave to enter; where a deportation order was in force at the time an entry clearance was refused; or where the appeal relates to a certain category of crew member subject to removal directions as such, but the adjudicator is satisfied that there was power to give removal directions as an illegal entrant.