Nationality, Immigration and Asylum Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 78 — 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…
Section 78A — Restriction on removal of children and their parents etc
Restriction on removal of children and their parents etc 78A 1 This section applies in a case where— a a child is to be removed from or required to leave the United Kingdom, and b an individual who—…
Section 79 — Deportation order: appeal
Deportation order: appeal 79 1 A deportation order may not be made in respect of a person while an appeal under section 82(1) that may be brought or continued from within the United Kingdom relating…
Section 80 — Removal of asylum-seeker to third country
Removal of asylum-seeker to third country 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 80A — Asylum claims by EU nationals Claims by nationals of listed safe States
Asylum claims by EU nationals Claims by nationals of listed safe States 80A 1 The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a…
Section 80AA — Safe States for the purposes of section 80A
Safe States for the purposes of section 80A 80AA 1 The States are— a Albania, b Austria, c Belgium, d Bulgaria, e Republic of Croatia, f Republic of Cyprus, g Czech Republic, h Denmark, i Estonia, j…
Section 80B — Asylum claims by persons with connection to safe third State
Asylum claims by persons with connection to safe third State 80B 1 The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State…
Section 80C — Meaning of “connection” to a safe third State
Meaning of “connection” to a safe third State 80C 1 Condition 1 is that the claimant— a has been recognised as a refugee in the safe third State, and b remains able to access protection in accordance…
Section 81 — Meaning of “the Tribunal
Meaning of “the Tribunal 81 In this Part “the Tribunal” means the First-tier Tribunal.
Section 82 — Right of appeal to the Tribunal
Right of appeal to the Tribunal 82 1 A person (“P”) may appeal to the Tribunal where— a the Secretary of State has decided to refuse a protection claim made by P, b the Secretary of State has decided…
Section 83 — Appeal: asylum claim
Appeal: asylum claim 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 83A — Appeal: variation of limited leave
Appeal: variation of limited leave 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 84 — Grounds of appeal
Grounds of appeal 84 1 An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds— a that removal of the appellant from the United Kingdom…
Section 85 — Matters to be considered
Matters to be considered 85 1 An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a…
Section 85A — Matters to be considered: new evidence: exceptions
Matters to be considered: new evidence: exceptions 85A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 86 — Determination of appeal
Determination of appeal 86 1 This section applies on an appeal under section 82(1) ... 2 The Tribunal must determine— a any matter raised as a ground of appeal ..., and b any matter which section 85…
Section 87 — Successful appeal: direction
Successful appeal: direction 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 88 — Ineligibility
Ineligibility 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 88A — Entry clearance
Entry clearance 88A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 89 — Refusal of leave to enter
Refusal of leave to enter 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 90 — Non-family visitor
Non-family visitor 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 91 — Student
Student 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 92 — Place from which an appeal may be brought or continued
Place from which an appeal may be brought or continued 92 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…
Section 93 — Appeal from within United Kingdom: “third country” removal
Appeal from within United Kingdom: “third country” removal 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 94 — Certification of human rights or protection claims as unfounded or removal to safe country
Certification of human rights or protection claims as unfounded or removal to safe country 94 1 The Secretary of State may certify a protection claim or human rights claim as clearly unfounded. 3 If…
Section 94A — European Common List of Safe Countries of Origin
European Common List of Safe Countries of Origin 94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 94B — Appeal from within the United Kingdom: certification of human rights claims ...
Appeal from within the United Kingdom: certification of human rights claims ... 94B 1 This section applies where a human rights claim has been made by a person (“P”) ... 2 The Secretary of State may…
Section 95 — Appeal from outside United Kingdom: removal
Appeal from outside United Kingdom: removal 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 96 — 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…
Section 97 — National security, &c.
National security, &c. 97 1 An appeal under section 82(1) ... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was…
Section 97A — National security: deportation
National security: deportation 97A 1 This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his…
Section 97B — Variation of leave on grounds of public good: rights of appeal
Variation of leave on grounds of public good: rights of appeal 97B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 98 — Other grounds of public good
Other grounds of public good 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 99 — Section 97 : appeal in progress
Section 97 : appeal in progress 99 1 This section applies where a certificate is issued under section ... 97 ... in respect of a pending appeal. 2 The appeal shall lapse.
Section 100 — Immigration Appeal Tribunal
Immigration Appeal Tribunal 100 1 There shall continue to be an Immigration Appeal Tribunal. 2 Schedule 5 (which makes provision about the Tribunal) shall have effect.
Section 101 — Appeal to Tribunal
Appeal to Tribunal 101 1 A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s…
Section 102 — Decision
Decision 102 1 On an appeal under section 101 the Immigration Appeal Tribunal may— a affirm the adjudicator’s decision; b make any decision which the adjudicator could have made; c remit the appeal…
Section 103 — Appeals: general
Appeals: general 103 1 This section applies where a person has applied for support under— a section 95, b section 17 of the Nationality, Immigration and Asylum Act 2002, or c both. 2 The person may…
Section 103A — Appeals: location of support under section 95
Appeals: location of support under section 95 103A 1 The Secretary of State may by regulations provide for a decision as to where support provided under section 95 is to be provided to be appealable…
Section 103B — Appeals: travelling expenses
Appeals: travelling expenses 103B The Secretary of State may pay reasonable travelling expenses incurred by an appellant in connection with attendance for the purposes of an appeal under or by virtue…
Section 103C — Appeal from Tribunal instead of reconsideration
Appeal from Tribunal instead of reconsideration 103C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 103D — Reconsideration: legal aid
Reconsideration: legal aid 103D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 103E — Appeal from Tribunal sitting as panel
Appeal from Tribunal sitting as panel 103E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 104 — Pending appeal
Pending appeal 104 1 An appeal under section 82(1) is pending during the period— a beginning when it is instituted, and b ending when it is finally determined, withdrawn or abandoned (or when it…
Section 105 — Notice of immigration decision
Notice of immigration decision 105 1 The Secretary of State may make regulations requiring a person to be given written notice where an appealable decision is taken in respect of him. 2 The…
Section 106 — Rules
Rules 106 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . .…
Section 107 — Practice directions
Practice directions 107 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . .…
Section 108 — Forged document: proceedings in private
Forged document: proceedings in private 108 1 This section applies where it is alleged— a that a document relied on by a party to an appeal under section 82 ... is a forgery, and b that disclosure to…
Section 109 — European Union and European Economic Area
European Union and European Economic Area 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 110 — Grants
Grants 110 1 The Secretary of State may make a grant to a voluntary organisation which provides— a advice or assistance to persons who have a right of appeal under this Part; b other services for the…