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).