- Latest available (Revised)
- Original (As enacted)
Nationality, Immigration and Asylum Act 2002, Section 92 is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.
(2)In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—
(a)the claim to which the appeal relates has been certified under section [F294(7) (removal to a safe country)], F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otherwise, the appeal must be brought from within the United Kingdom.
(3)In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—
(a)the claim to which the appeal relates has been certified under section [F494(7) (removal to a safe country)] or section 94B (certification of human rights claims F5...), F6...
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Otherwise, the appeal must be brought from within the United Kingdom.
(4)In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.
(5)In the case of an appeal under section 82(1)(c) (revocation of protection status)—
(a)the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;
(b)the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.
(6)If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section [F794(7)] or section 94B, the appeal must be continued from outside the United Kingdom.
(7)Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.
(8)Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section [F894(7)] or section 94B.]
Textual Amendments
F1S. 92 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 17(2), 75(3); S.I. 2014/2771, art. 2(c) (with arts. 9-11, 15) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F2Words in s. 92(2)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(a), 87(5)(a) (with s. 28(4))
F3S. 92(2)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 18(a)
F4Words in s. 92(3)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(a), 87(5)(a) (with s. 28(4))
F5Words in s. 92(3)(a) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(6), 94(1); S.I. 2016/1037, reg. 5(h)
F6S. 92(3)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 18(b)
F7Word in s. 92(6) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(b), 87(5)(a) (with s. 28(4))
F8Word in s. 92(8) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(b), 87(5)(a) (with s. 28(4))
Modifications etc. (not altering text)
C1Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: