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Section 104: Pending appeal

Nationality, Immigration and Asylum Act 2002 · 2002 c. 41View on legislation.gov.uk

Part 5: Appeals in respect of Protection and Human Rights Claims

An appeal under section 82(1) is pending during the period—

beginning when it is instituted, and
ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,
permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.

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An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)).

Subsection (4A) shall not apply to an appeal in so far as it is brought on a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) where the appellant—

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gives notice, in accordance with Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.