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c. 77
PART II Appeals against removal on objection to destination.
Immigration Act 1971
17.-(1) Subject to the provisions of this Part of this Act, where directions are given under this Act for a person's removal from the United Kingdom either—
(a) on his being refused leave to enter; or
(b) on a deportation order being made against him; or (c) on his having entered the United Kingdom in breach
of a deportation order;
he may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country or territory specified by him.
(2) Where a person appeals under section 13(1) above on being refused leave to enter the United Kingdom, and either-
(a) before he does so, directions have been given for his removal from the United Kingdom to any country or territory; or
(b) before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal by virtue of the refusal will be for his removal to a country or territory or one of several countries or territories specified in the notice;
then he may on that appeal object to the country or territory to which he would be removed in pursuance of the directions, or to that specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
(3) Where a person appeals under section 15 above against a decision to make a deportation order against him, and before or after he does so the Secretary of State serves on him notice that any directions which may be given for his removal by virtue of the deportation order will be for his removal to a country or territory or one of several countries or territories specified in the notice, then he may on that appeal object to the country or territory specified in the notice (or to one or more of those specified), and claim that he ought to be removed (if at all) to a different country or territory specified by him.
(4) Where by virtue of subsection (2) or (3) above a person is able to object to a country or territory on an appeal under section 13(1) or 15, and either he does not object to it on that appeal or his objection to it on that appeal is not sustained, then he shall not be entitled to appeal under this section against any directions subsequently given by virtue of the refusal or order in question, if their effect will be his removal to that country or territory.
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Immigration Act 1971
c. 77
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(5) A person shall not be entitled to appeal under this section against any directions given on his being refused leave to enter the United Kingdom, unless either he is also appealing under section 13(1) against the decision that he requires leave to enter or he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.
PART II
18.--(1) The Secretary of State may by regulations provide Notice of (a) for written notice to be given to a person of any such matters in
decision or action taken in respect of him as is appeal- which there
respect of able under this Part of this Act (whether or not he is are rights in the facts of his case entitled to appeal) or would be of appeal. so appealable but for the ground on which it is taken; (b) for any such notice to include a statement of the reasons for the decision or action and, where the action is the giving of directions for the removal of any person from the United Kingdom, of the country or territory to which he is to be removed;
(c) for any such notice to be accompanied by a statement containing particulars of the rights of appeal available under this Part of this Act and of the procedure by which those rights may be exercised;
(d) for the form of any such notice or statement and the
way in which a notice is to be or may be given.
(2) For the purpose of any proceedings under this Part of this Act a statement included in a notice in pursuance of regulations under this section shall be conclusive of the person by whom and of the ground on which any decision or action was taken.
(3) The power to make regulations under this section shall be exercisable by statutory instrument, and any statutory instru- ment containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
19.-(1) Subject to sections 13(4) and 16(4) above, and to any Determination restriction on the grounds of appeal, an adjudicator on an of appeals by
adjudicators. appeal to him under this Part of this Act-
(a) shall allow the appeal if he considers-
(i) that the decision or action against which the appeal is brought was not in accordance with the law or with any immigration rules applicable to the
case; or
(ii) where the decision or action involved the exer- cise of a discretion by the Secretary of State or an
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