Commentary on Sections Appeals Section 4: Entry clearance
18.Sections 88A, 90 and 91 of the 2002 Act restrict rights of appeal against refusal of entry clearance in respect of some visitors and students and categories of case specified in an order of the Secretary of State.  Section 4 substitutes for these sections one provision which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those in the categories listed.   The categories of applicant who will retain a full right of appeal are family visitors and people wishing to join dependents in the United Kingdom (new Section 88A(1)).   Provision is also made for regulations which will define in detail the relationships, degree of dependency and circumstances which count for these categories.  In particular, the regulations may specify that the UK sponsor should be lawfully settled here, or that the individuals involved should have resided together for a certain length of time (new Section 88A(2).  For applicants who are refused entry clearance in any other category there will remain a right of appeal on both human rights and race discrimination grounds (new Section 88A(3)).
19.Section 23(1) of the Immigration and Asylum Act 1999 is amended by section 4(2) to provide that the Secretary of State may appoint a person to monitor refusals of entry clearance that carry only a limited right of appeal.
20.Section 4(3) provides that the Secretary of State must lay a report before Parliament on the entry clearance operation of the entry clearance system and the effect of removing rights of appeal. This report must be laid within three years of section 4 being commenced.