A person may not bring an appeal1 against a decision ('the new decision') if the Secretary of State2 or an immigration officer certifies that:
(1) the person was notified of a right of appeal3 against another decision ('the old decision'), whether or not an appeal was brought and whether or not any appeal brought has been determined4;
(2) the claim or application to which the new decision relates relies on a ground that could have been raised in an appeal against the old decision5; and
(3) in the opinion of the Secretary
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