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Immigration and Asylum Act 1999

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This is the original version (as it was originally enacted).

76Result of failure to comply with section 74

This section has no associated Explanatory Notes

(1)In this section—

(a)“the applicant” means the person on whom a notice has been served under section 74(4);

(b)“notice” means a notice served under that section; and

(c)“statement” means the statement which the notice requires the applicant to make to the Secretary of State.

(2)If the applicant’s statement does not mention a particular ground—

(a)on which he wishes to enter or remain in the United Kingdom, and

(b)of which he is aware at the material time,

he may not rely on that ground in any appeal under the [1997 c. 68.] Special Immigration Appeals Commission Act 1997 or this Part.

(3)Subsection (2) does not apply if—

(a)the ground is a claim for asylum or a claim that an act breached the applicant’s human rights; or

(b)the Secretary of State considers that the applicant had a reasonable excuse for the omission.

(4)Subsection (5) applies if the applicant’s statement does not include a claim for asylum.

(5)If the applicant claims asylum after the end of the period prescribed under section 74(6)(b), no appeal may be made under section 69 if the Secretary of State has certified that in his opinion —

(a)one purpose of making the claim for asylum was to delay the removal from the United Kingdom of the applicant or of any member of his family; and

(b)the applicant had no other legitimate purpose for making the application.

(6)“Member of the family” has such meaning as may be prescribed.

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