Asylum and Immigration Act 1996

b

where that other person is a woman, her husband and her or his children under the age of eighteen;

2

Any leave to enter the United Kingdom which is obtained by deception shall be disregarded for the purposes of this paragraph.

3

Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 above.

4

If the person fails at any time to comply with that restriction—

a

an immigration officer may direct that the person’s examination under paragraph 2 above shall be treated as concluded at that time; but

b

nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.

Grant of bail pending removal

34

1

Paragraph 22 above shall apply in relation to a person—

a

directions for whose removal from the United Kingdom are for the time being in force; and

b

who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination or detained under paragraph 16(2) above pending the giving of directions.

2

Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.

9A Bail pending appeal from Immigration Appeal Tribunal

1

Where a person (“an appellant”)—

a

has an appeal under Part II of the 1971 Act which is pending by reason of an appeal, or an application for leave to appeal, under section 9 above; and

b

is for the time being detained under Part I of Schedule 2 to that Act (general provisions as to control on entry etc.),

he may be released on bail in accordance with this section.

2

An immigration officer not below the rank of chief immigration officer, a police officer not below the rank of inspector or an adjudicator may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the appropriate appeal court at a time and place named in the recognizance or bail bond.

3

The Immigration Appeal Tribunal may release an appellant on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before the appropriate appeal court at a time and place named in the recognizance or bail bond; and where—

a

the appeal, or the application for leave to appeal, under section 9 above is by the Secretary of State; or

b

the appellant has been granted leave to appeal under that section, and has duly given notice of appeal,

the Tribunal shall, if the appellant so requests, exercise its powers under this subsection.

4

Sub-paragraphs (5) and (6) of paragraph 29 (grant of bail pending appeal) of Schedule 2 to the 1971 Act shall apply for the purposes of this section as they apply for the purposes of that paragraph.

5

Paragraphs 30 to 33 of that Schedule shall apply as if—

a

any reference to paragraph 29 included a reference to this section;

b

the reference in paragraph 30(2) to paragraph 29(3) or (4) included a reference to subsection (3) above; and

c

any reference in paragraphs 31 to 33 to the Immigration Appeal Tribunal included a reference to the appropriate appeal court.

6

In this section “the appropriate appeal court” has the same meaning as in section 9 above.