211.Section 70 imposes a number of limitations on the rights of appeal set out under section 69. These principally concern cases where leave to enter has been refused on the grounds that the appellant’s exclusion from the United Kingdom would be in the interests of national security; or where a decision to make a deportation order, or to refuse to revoke one, was also made on grounds of national security. They also include cases where the Secretary of State personally (and not someone acting under his authority) has refused to revoke a deportation order. In all of these instances, there is no entitlement to appeal under section 69. However, there is a right of appeal to SIAC under section 2 of the Special Immigration Appeals Commission Act 1997 in these circumstances.
212.Subsection (4) has the effect of restricting the right of appeal, set out in subsection (3) of section 69, against a refusal to grant asylum but where limited leave to enter or remain has been given. A person who has been granted leave but refused asylum on the basis that he falls under Article 1(F) of the Refugee Convention (which lists those categories of persons considered not to be deserving of protection) will not have a right of appeal under section 69 where the Secretary of State certifies that the disclosure of material on which the refusal was based is not in the interests of national security. In such cases, SIAC will hear the appeal unless it quashes the certificate and remits the matter to the ordinary appellate bodies under section 4(1A) of the Special Immigration Appeals Commission Act 1997 (as inserted by paragraph 122 of Schedule 14 to the Act). Finally, section 70(7) states that a claim for asylum must have been made before the time of the refusal to grant or vary leave, or the making of directions (as the case may be), if the person wishes to appeal against the refusal on asylum grounds.
Schedule 1: Detention and sale of transporters Part IV: Appeals Section 70: Limitations on rights of appeal under section 69