Section 96 — Nationality, Immigration and Asylum Act 2002: Earlier right of appeal

Earlier right of appeal 96 1 A person may not bring an appeal under section 82 against a decision (“the new decision”) if the Secretary of State or an immigration officer certifies—

a that the person was notified of a right of appeal under that section against another ... decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),

b that the claim or application to which the new decision relates relies on a ground that could have been raised in an appeal against the old decision, and c that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in an appeal against the old decision.

2 A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—

a that the person has received a notice under section 120(2),

b that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2) or (5),

and c that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in a statement under section 120(2) or (5).

4 In subsection (1) “ notified ” means notified in accordance with regulations under section 105.

5 Subsections (1) and (2) apply to prevent a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed.

6 In this section a reference to an appeal under section 82(1) includes a reference to an appeal under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) which is or could be brought by reference to an appeal under section 82(1).

7 A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.