ANNEX A: Existing legal framework Appeals
Section 82(2)(j) of the Nationality, Immigration and Asylum Act 2002 defines a decision to make a deportation order as  an immigration decision, which attracts a statutory right of appeal to the Asylum and Immigration Tribunal on grounds listed in section 84(1) of the 2002 Act.  Under section 92(2) the appeal is exercisable from within the UK.  Section 79(2) forbids the making of a deportation order whilst such an appeal is outstanding.  Under sections 96 and 97 of the 2002 Act, the Secretary of State or an immigration officer can certify the immigration decision such that no appeal can be brought.  S96 applies where the person should have raised the point in an appeal against an earlier immigration decision or in response to a one-stop notice.  S97 relates to national security cases and directs appeal to Special Immigration Appeals Commission (SIAC).  Refusal to revoke a Deportation Order is an immigration decision attracting an out of country right of appeal under s82(2)(k) of the 2002 Act.