205.Section 66 provides for a right of appeal against directions for removal in certain circumstances. Under subsection (2) the appellant is limited, as now, to arguing that there was in law no power to give the directions on the grounds quoted: the appeal is not a review of whether or not the directions should have been made in the appellant’s particular circumstances. Subsection (4) provides that where an appeal is against directions given by virtue of a deportation order the appellant cannot dispute the original validity of that order: he will already have had the opportunity to do so.
206.Subsection (3) maintains the principle that an appeal under this section may not be exercised in the United Kingdom; but where the person has an in-country appeal under the asylum or new human rights provisions, he may dispute the validity of the directions at the same time.
Schedule 1: Detention and sale of transporters Part IV: Appeals Section 66: Validity of directions for removal