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Article 7 Time limit for appeal

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A notice of appeal by a person who is in the United Kingdom must be given—

(a)

if the person is in detention under the Immigration Acts when he is served with notice of the decision against which he is appealing, not later than 5 days after he is served with that notice; and

(b)

in any other case, not later than 10 days after he is served with notice of the decision.

(2)

A notice of appeal by a person who is outside the United Kingdom must be given—

(a)

if the person—

(i)

was in the United Kingdom when the decision against which he is appealing was made; and

(ii)

may not appeal while he is the United Kingdom by reason of a provision of the 2002 Act,

not later than 28 days after his departure from the United Kingdom; or

(b)

in any other case, not later than 28 days after he is served with notice of the decision.

(3)

Where a person—

(a)

is served with notice of a decision to reject an asylum claim; and

(b)

on the date of being served with that notice does not satisfy the condition in section 83(1)(b) of the 2002 Act, but later satisfies that condition,

paragraphs (1) and (2)(b) apply with the modification that the time for giving notice of appeal under section 83(2) runs from the date on which the person is served with notice of the decision to grant him leave to enter or remain in the United Kingdom by which he satisfies the condition in section 83(1)(b).