Appeals

I130Earlier right of appeal

1

Section 96 of the Nationality, Immigration and Asylum Act 2002 (earlier right of appeal) shall be amended as follows.

2

For subsections (1) to (3) substitute—

1

An appeal under section 82(1) against an immigration decision (“the new decision”) in respect of a person may not be brought if the Secretary of State or an immigration officer certifies—

a

that the person was notified of a right of appeal under that section against another immigration decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),

b

that the claim or application to which the new decision relates relies on a matter that could have been raised in an appeal against the old decision, and

c

that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that matter not having been raised in an appeal against the old decision.

2

An appeal under section 82(1) against an immigration decision (“the new decision”) in respect of a person may not be brought if the Secretary of State or an immigration officer certifies—

a

that the person received a notice under section 120 by virtue of an application other than that to which the new decision relates or by virtue of a decision other than the new decision,

b

that the new decision relates to an application or claim which relies on a matter that should have been, but has not been, raised in a statement made in response to that notice, and

c

that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that matter not having been raised in a statement made in response to that notice.

3

In subsection (5) for “Subsections (1) to (3) apply to prevent or restrict” substitute “ Subsections (1) and (2) apply to prevent ”.

4

At the end add—

7

A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.