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Part IVAppeals

Leave to enter

60Limitations on rights of appeal under section 59

(1)Section 59 does not entitle a person to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom if he does not hold—

(a)a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b)a certificate of entitlement.

(2)Section 59 does not entitle a person to appeal, on the ground that he does not require leave to enter the United Kingdom, against a decision that he does require such leave if he is required by immigration rules or an order under section 8(2) of the 1971 Act to hold a specified document but does not do so.

(3)Section 59 does not entitle a person to appeal against a refusal of leave to enter while he is in the United Kingdom unless, at the time of the refusal, he held a current entry clearance or was a person named in a current work permit.

(4)Subsection (5) applies to a person who seeks to enter the United Kingdom—

(a)as a visitor;

(b)in order to follow a course of study of not more than six months' duration for which he has been accepted;

(c)with the intention of studying but without having been accepted for any course of study; or

(d)as a dependant of a person within paragraph (a), (b) or (c).

(5)That person—

(a)is not entitled to appeal under section 59 against a refusal of an entry clearance unless he is a family visitor; and

(b)is not entitled to appeal against a refusal of leave to enter if he does not hold a current entry clearance at the time of the refusal.

(6)The Secretary of State may by regulations make provision—

(a)requiring a family visitor appealing under section 59 to pay such fee as may be fixed by the regulations;

(b)for such an appeal not to be entertained unless the required fee has been paid by the appellant;

(c)for the repayment of any such fee if the appeal is successful.

(7)Section 59 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the refusal is on the ground that he or any person whose dependant he is—

(a)does not hold a relevant document required by the immigration rules;

(b)does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or

(c)seeks entry for a period exceeding that permitted by the immigration rules.

(8)The following are relevant documents—

(a)entry clearances;

(b)passports or other identity documents; and

(c)work permits.

(9)Section 59 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if—

(a)the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good; or

(b)the leave to enter, or entry clearance, was refused in compliance with any such directions.

(10)“Family visitor” has such meaning as may be prescribed.