Section 9: Treatment of certain overstayers
56.Section 9 enables those foreign nationals who have overstayed their limited leave to enter or remain to apply for leave to remain within a prescribed period before section 10 of the Act comes into force. Any application made within this period will, if refused, attract a right of appeal against deportation, which will be the method of removal if any appeal is unsuccessful. Section 10 and paragraph 12 of Schedule 15 will come into force on the day after the fixed period ends, which should be 2 October 2000, when the Human Rights Act comes into force. Foreign nationals to whom section 10 applies and who have not made an application under the scheme within the fixed period will be liable to administrative removal with no right of appeal before removal.
