Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
116 Appeal to Court of Appeal by leave
  • (1) Any party to an appeal under section 115 or section 115A of this Act who is dissatisfied with any determination of the High Court in the proceedings as being erroneous in point of law may, with the leave of that Court, or, if the High Court refuses leave, with the leave of the Court of Appeal, appeal to the Court of Appeal; and section 66 of the Judicature Act 1908 shall apply to any such appeal.

    (2) In determining whether to grant leave to appeal under this section, the Court to which the application for leave is made shall have regard to whether the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision.

    (3) The Court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.

    (4) The decision of the Court of Appeal on any appeal under this section shall be final.