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Immigration Act 1988

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3 Proof of right of abode.E+W+S+N.I.

(1)For section 3(9) and (9A) of the principal Act there shall be substituted—

(9)A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of either—

(a)a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or

(b)a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.

(2)For the provisions of section 13(3) of that Act up to the end of paragraph (b) there shall be substituted—

(3)A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;.

(3)In section 2(2) of that Act for the words “sections 3(9) and (9A), 5(2) and 13(3)” there shall be substituted the words “ section 5(2) ”, subsections (3) and (5) of section 39 of the M1British Nationality Act 1981 are hereby repealed and in subsection (8) of that section for the words “as amended by this section” there shall be substituted the words “ as in force after commencement ”.

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