Part 5Appeals in respect of Protection and Human Rights Claims

Appeal to Tribunal

F186BTimeframe for determination of appeal brought by certain non-detained appellants liable to deportation

(1)

This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).

(2)

A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—

(a)

is not detained (whether under any provision of the Immigration Acts or otherwise),

(b)

has been convicted of an offence (whether in or outside the United Kingdom), and

(c)

is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).

(3)

The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.

(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.