633.Section 53 amends the 2002 Act by inserting a new subsection (2A) into section 92 (subsection (2)) and a new section 97B (subsection (3)), which provides for a certification power for the Secretary of State, acting in person, to remove the application of the in-country right of appeal provisions in section 92 of the 2002 Act where:
A person’s leave is cancelled under section 82(2)(e) of the 2002 Act wholly or partly on the grounds that it would not be conducive to the public good to allow them to have leave to enter or remain in the UK; and
That decision is taken whilst the individual is outside the UK.
In such cases, the affected person will still be able to make an out-of-county appeal.