Immigration and Asylum Act 1999

60 Limitations 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.