Nationality, Immigration and Asylum Act 2002
2002 CHAPTER 41
Commentary on Sections
Part 5: Immigration and Asylum Appeals
Appeal to adjudicator
Section 93: Appeal from within United Kingdom: "third country" removal
238.Clause 93 is broadly similar to a provision in earlier legislation relating to cases where a certificate has been issued under section 11 or 12 of the 1999 Act (removal of asylum claimants to a "third country"). Under subsection (1) a person may not appeal under section 82(1) while in the United Kingdom if a certificate has been issued. If, however, the appellant has made a human rights claim which the Secretary of State has not certified as clearly unfounded, the person can appeal while in the United Kingdom (subsection (2)).
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