Immigration, Asylum and Nationality Act 2006

Immigration, Asylum and Nationality Act 2006

2006 CHAPTER 13

Commentary on Sections

Appeals

Section 2: Removal

15. A decision to revoke a person’s indefinite leave to enter or remain in the United Kingdom under section 76 of the Nationality, Immigration and Asylum Act 2002 is an “immigration decision” as defined in section 82(2)(f) of the 2002 Act which gives rise to an in-country right of appeal under section 82(1).  The removal from the United Kingdom of persons whose leave has been revoked under 76(3) is provided for by section 10(1)(ba) of the Immigration and Asylum Act 1999, which was inserted by section 76(7) of the 2002 Act.  However no corresponding provision was made in section 82(2)(g) of the 2002 Act for a person to have a right of appeal against a decision to remove by way of directions under section 10(1)(ba).

16. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(ba) of the 1999 Act.  This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken.  This separation of appeal rights is considered necessary in light of the importance of Refugee Status.  No decision to remove will be taken while an appeal against revocation is pending.