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Nkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC)

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1. The No 3 Commencement Order of the 2014 Act, SI 2014/2771, extends the new appeals provisions to identified persons, but the amendment of it in SI 2014/2928 further extends those provisions to identified decisions.

2. In consequence, a person against whom a deportation decision was made in the period 10 November 2014 – 5 April 2015 may have no right of appeal if the decisions actually made carry rights of appeal only under the new appeals provisions. (Note: A further change was made to the commencement provision with effect from 2 March 2015, which did not fall for consideration on the facts of this case.)

Fascinating. So glad that has been cleared up.

Source: Nkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC) (20 May 2016)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

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