497. Earlier right of appeal.

497.     Earlier right of appeal.

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.  

    (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.  

    (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.  

    (3)     in the opinion of the Secretary