Section 30: Earlier right of appeal
136.Section 30 amends section 96 of the Nationality, Immigration and Asylum Act 2002. Section 96 sets out when a new claim or application may be certified under the "one-stop" system. Certification prevents an appeal being lodged against the decision on the new claim or application. The revision has the effect of removing provisions for certifying appeals after they have been lodged; those provisions are no longer needed. It also clarifies the circumstances in which a certificate may be issued. There are now two options:
where the person was notified of a right of appeal against an earlier immigration decision, the matter being raised in the new claim or application could have been raised at that appeal, and there is no satisfactory reason for not having raised it at that appeal. It does not matter if the person did not exercise the earlier right of appeal or did not pursue it to determination, so long as they had the opportunity to do so.
where the person has been given a one-stop notice under section 120 of the 2002 Act in relation to a previous immigration decision, the matter being raised in the new claim or application should have been raised in response to that notice, and there is no satisfactory reason for not having raised it in response to that notice.