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Immigration Act 1988

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Changes over time for: Section 5

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Version Superseded: 01/10/1996

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5 Restricted right of appeal against deportation in cases of breach of limited leave.U.K.

(1)A person to whom this subsection applies shall not be entitled to appeal under section 15 of the principal Act against a decision to make a deportation order against him—

(a)by virtue of section 3(5)(a) of that Act (breach of limited leave); or

(b)by virtue of section 3(5)(c) of that Act as belonging to the family of a person who is or has been ordered to be deported by virtue of section 3(5)(a),

except on the ground that on the facts of his case there is in law no power to make the deportation order for the reasons stated in the notice of the decision.

(2)Subsection (1) above applies to any person who was last given leave to enter the United Kingdom less than seven years before the date of the decision in question but the Secretary of State may by order exempt any such persons from that subsection in such circumstances and to such extent as may be specified in the order.

(3)The power to make an order under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)It shall be presumed for the purposes of this section that a person was last given leave as mentioned in subsection (2) above unless he proves the contrary.

(5)Subsection (1) above shall not affect the grounds on which a person may appeal where written notice of the decision in question was given to him before the coming into force of this section.

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