(1) A claim is within this section if it relates to the act of an immigration authority in taking a relevant decision and—
(a) the question whether the act is a contravention of Part 3 has been or could be raised on an appeal which is pending, or could be brought, under the immigration provisions, or
(b) it has been decided on an appeal under those provisions that the act is not a contravention of Part 3.
(2) The relevant decision is not—
(a) subject to challenge in proceedings on a claim within section 114(1)(a), or
(b) affected by the decision
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