SA (Section 82(2)(d): interpretation and effect) Pakistan  UKAIT 00083
Date of hearing: 20 July 2007
Date Determination notified: 13 August 2007
|Secretary of State for the Home Department||RESPONDENT|
For the Appellant: Mr Byrne, of Drummond Miller
For the Respondent: Ms M MacDonald, Home Office Presenting Officer
(1) In order to give s82(2)(d) of the 2002 Act any meaning at all, it has to be read in such a way as entirely to exclude the effect of s3C of the 1971 Act. (2) Subject to that, s82(2)(d) means what it says, and a person whose existing leave continues beyond the date when a variation is refused has no right of appeal against the refusal.
"Refusal to vary a person's leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain".
It is that provision upon which the appellant relies.
C M G OCKELTON