209.Section 69 sets out the rights of appeal of persons who are refused asylum. Subsection (1) provides for a right of appeal on asylum grounds against refusal of leave to enter. Subsection (2) provides a right of appeal on asylum grounds against a decision to vary or refuse to vary a person’s limited leave to enter or remain and where the decision would require the person’s departure within 28 days. The section also provides a right of appeal on asylum grounds against deportation and removal (subsections (4) and (5)).
210.In contrast to other provisions in Part IV, which restrict a right of appeal to decisions which require the applicant’s departure from the United Kingdom, subsection (3) provides a right of appeal where an asylum seeker is refused asylum but granted leave to enter or remain on other grounds. A right of appeal is provided in such circumstances in the light of the significant difference in the rights attached to refugee status as distinct from other immigration categories.
Schedule 1: Detention and sale of transporters Part IV: Appeals Section 69: Claims for asylum