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Nkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC)

Nkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC)

1. The No 3 Commencement Order of the 2014 Act, SI 2014/2771, extends the new appeals provisions to identified persons, but the amendment of it in SI 2014/2928 further extends those provisions to identified decisions.

2. In consequence, a person against whom a deportation decision was made in the period 10 November 2014 – 5 April 2015 may have no right of appeal if the decisions actually made carry rights of appeal only under the new appeals provisions. (Note: A further change was made to the commencement provision with effect from 2 March 2015, which did not fall for consideration on the facts of this case.)

Fascinating. So glad that has been cleared up.

Source: Nkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC) (20 May 2016)

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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