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Immigration and Asylum Act 1999

Status:

This is the original version (as it was originally enacted).

69Claims for asylum

This section has no associated Explanatory Notes

(1)A person who is refused leave to enter the United Kingdom under the 1971 Act may appeal against the refusal to an adjudicator on the ground that his removal in consequence of the refusal would be contrary to the Convention.

(2)If, as a result of a decision to vary, or to refuse to vary, a person’s limited leave to enter or remain in the United Kingdom, he may be required to leave the United Kingdom within 28 days of being notified of the decision, he may appeal against the decision to an adjudicator on the ground that such a requirement would be contrary to the Convention.

(3)A person who—

(a)has been refused leave to enter or remain in the United Kingdom on the basis of a claim for asylum made by him, but

(b)has been granted (whether before or after the decision to refuse leave) limited leave to enter or remain,

may, if that limited leave will not expire within 28 days of his being notified of the decision, appeal to an adjudicator against the refusal on the ground that requiring him to leave the United Kingdom after the time limited by that leave would be contrary to the Convention.

(4)If the Secretary of State—

(a)has decided to make a deportation order against a person under section 5(1) of the 1971 Act, or

(b)has refused to revoke such an order,

that person may appeal to an adjudicator against the decision or refusal on the ground that his removal in pursuance of the order would be contrary to the Convention.

(5)If directions are given as mentioned in section 66(1) for the removal of a person from the United Kingdom, he may appeal to an adjudicator on the ground that his removal in pursuance of the directions would be contrary to the Convention.

(6)“Contrary to the Convention” means contrary to the United Kingdom’s obligations under the Refugee Convention.

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