In our document on the points-based system it is clear that there is no right of appeal for people overseas applying for entry clearance under that system. Their right is simply to reapply; the right of appeal only applies in-country for those whose leave is about to expire. That could involve anyone who has leave to be here, to work or study, who comes within the five tiers of the points-based system.
As is the case now, people must apply for further leave to remain if their leave is moving towards expiry. What we are referring to are in-country applications for an extension to existing leave. Out-of-country appeals for clearance under the points-based system are removed by section 4 of the Immigration, Asylum and Nationality Act 2006, rather than by this Bill.