Claims of unlawful action: immigration cases21
1
Proceedings may not be brought under regulation 20 alleging that a person has acted unlawfully by virtue of regulation 8 if the question of the lawfulness of the act could be raised (and has not been raised) in immigration proceedings (disregarding the possibility of proceedings brought out of time with permission).
2
If in immigration proceedings a court or tribunal has found that an act was unlawful by virtue of regulation 8, a court hearing proceedings under regulation 20 shall accept that finding.
3
In this regulation “immigration proceedings” means proceedings under or by virtue of—
a
the Immigration Acts, or
b
the Special Immigration Appeals Commission Act 1997.