Schedule 2: Asylum and Immigration Tribunal: Consequential Amendments and Transitional Provision Section 28: Appeal from within United Kingdom
133.Section 28 replaces section 92(3) of the Nationality, Immigration and Asylum Act 2002. It sets out the circumstances in which a person who arrives with entry clearance may appeal against a refusal of leave to enter from within the United Kingdom. Refusal of leave to enter will give rise to a right of appeal exercisable from within the United Kingdom where the person is in the United Kingdom at the time of refusal and has entry clearance on arrival, except where his purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.
134.Section 28 provides an exception to this provision for a British overseas territories citizen, a British Overseas citizen, a British National (Overseas), a British protected person, or a British subject within the meaning of the British Nationality Act 1981. A person who falls within the listed categories will benefit from an appeal against refusal of leave to enter from within the United Kingdom in the additional circumstance where he is in the United Kingdom and has a work permit at the time of refusal.