Commentary on Sections Appeals Section 7: Deportation
23.Section 7 inserts a new section 97A into the Nationality, Immigration and Asylum Act 2002. The section requires that an appeal against a decision to make a deportation order which has been certified as having been made on national security grounds should normally only be able to be brought from outside the United Kingdom. Where the appellant makes a human rights claim, the section allows for this to be brought in country unless the Secretary of State certifies that removal would not breach the United Kingdom’s obligations under the European Convention on Human Rights (ECHR). However the section provides for an in-country appeal against this certificate to the Special Immigration Appeals Commission (SIAC).