Immigration and Asylum Act 1999

Commentary on Sections

Part IV: Appeals

Section 62: Limitations on rights of appeal under section 61

199.Section 62 applies restrictions on the right of appeal under section 61. Subsection (1) denies a right of appeal against a refusal to grant further leave in circumstances where refusal is mandatory under the Immigration Rules. Dependants of such persons similarly have no right of appeal. In addition, there is no right of appeal under section 61 against a refusal where the Secretary of State personally certifies that the person’s departure would be conducive to the public good in the interests of national security, the relations between the United Kingdom and any other country, or for other reasons of a political nature. As at present, such persons would have a right of appeal to SIAC. Finally, there is no right of appeal under section 61 against a variation of leave made by statutory instrument, or a refusal to make such an instrument.