Immigration, Asylum and Nationality Act 2006

Immigration, Asylum and Nationality Act 2006

2006 CHAPTER 13

Commentary on Sections

Appeals

Section 6: Refusal of leave to enter

22. Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of visitors and students who do not hold an entry clearance.  The restriction limits the grounds of appeal to human rights and race discrimination and, where the appeal is exercised in the UK, asylum.  Section 6 substitutes a provision which applies the restriction to all appeals against refusal of permission to enter at the port, unless the applicant has an entry clearance at the time of refusal which was issued for the specific purpose for which the person seeks entry.  A right of appeal remains in all cases on both human rights and race discrimination grounds.