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Section 96: Earlier right of 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

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—

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),
that the claim or application to which the new decision relates relies on agroundthat could have been raised in an appeal against the old decision, and
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.

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

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

In subsection (1) "notified" means notified in accordance with regulations under section 105.

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.

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).

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

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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.