Part IVAppeals
Asylum
70Limitations on rights of appeal under section 69
1
Section 69(1) does not entitle a person to appeal against a refusal of leave to enter 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 in the interests of national security; or
b
the leave to enter was refused in compliance with any such directions.
2
Section 69(2) does not entitle a person to appeal against—
a
a variation of his leave which reduces its duration, or
b
a refusal to enlarge or remove the limit on its duration,
if either of the following conditions is satisfied.
3
The conditions are—
a
that the Secretary of State has certified that the appellant’s departure from the United Kingdom would be in the interests of national security; or
b
that the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).
4
Section 69(3) does not entitle a person to appeal against a refusal mentioned in paragraph (a) of that subsection if—
a
the reason for the refusal was that he was a person to whom the Refugee Convention did not apply by reason of Article 1(F) of that Convention; and
b
the Secretary of State has certified that the disclosure of material on which the refusal was based is not in the interests of national security.
5
Section 69(4)(a) does not entitle a person to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is in the interests of national security.
6
Section 69(4)(b) does not entitle a person to appeal against a refusal to revoke a deportation order, if—
a
the Secretary of State has certified that the appellant’s exclusion from the United Kingdom would be in the interests of national security; or
b
if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
7
A person may not bring an appeal on any of the grounds mentioned in subsections (1) to (5) of section 69—
a
if, before the time of the refusal, variation, decision or directions (as the case may be) he has not made a claim for asylum;
b
otherwise than under that section.
8
A person may not appeal under section 69(4)(b) if he has had the right to appeal under section 69(4)(a) (whether or not he has exercised it).