Section 78 — Nationality, Immigration and Asylum Act 2002: No removal while appeal pending

No removal while appeal pending 78 1 While a person’s appeal under section 82(1) is pending he may not be—

a removed from the United Kingdom in accordance with a provision of the Immigration Acts, or b required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

2 In this section “ pending ” has the meaning given by section 104.

3 Nothing in this section shall prevent any of the following while an appeal is pending—

a the giving of a direction for the appellant’s removal from the United Kingdom, b the making of a deportation order in respect of the appellant (subject to section 79), or c the taking of any other interim or preparatory action.

4 This section applies only to an appeal brought while the appellant is in the United Kingdom in accordance with section 92.