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Immigration and Asylum Act 1999

Status:

This is the original version (as it was originally enacted).

82Interpretation of Part V

This section has no associated Explanatory Notes

(1)In this Part—

  • “claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under—

    (a)

    the Refugee Convention, or

    (b)

    Article 3 of the Human Rights Convention,

    for the claimant to be removed from, or required to leave, the United Kingdom;

  • “the Commissioner” means the Immigration Services Commissioner;

  • “the complaints scheme” means the scheme established under paragraph 5(1) of Schedule 5;

  • “designated judge” has the same meaning as in section 119(1) of the [1990 c. 41.] Courts and Legal Services Act 1990;

  • “designated professional body” has the meaning given by section 86;

  • “immigration advice” means advice which—

    (a)

    relates to a particular individual;

    (b)

    is given in connection with one or more relevant matters;

    (c)

    is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters; and

    (d)

    is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings;

  • “immigration services” means the making of representations on behalf of a particular individual—

    (a)

    in civil proceedings before a court, tribunal or adjudicator in the United Kingdom, or

    (b)

    in correspondence with a Minister of the Crown or government department,

    in connection with one or more relevant matters;

  • “Minister of the Crown” has the same meaning as in the Ministers of the [1975 c. 26.] Crown Act 1975;

  • “qualified person” means a person who is qualified for the purposes of section 84;

  • “registered person” means a person who is registered with the Commissioner under section 85;

  • “relevant matters” means any of the following—

    (a)

    a claim for asylum;

    (b)

    an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;

    (c)

    unlawful entry into the United Kingdom;

    (d)

    nationality and citizenship under the law of the United Kingdom;

    (e)

    citizenship of the European Union;

    (f)

    admission to Member States under Community law;

    (g)

    residence in a Member State in accordance with rights conferred by or under Community law;

    (h)

    removal or deportation from the United Kingdom;

    (i)

    an application for bail under the Immigration Acts or under the [1997 c. 68.] Special Immigration Appeals Commission Act 1997;

    (j)

    an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (i); and

  • “the Tribunal” means the Immigration Services Tribunal.

(2)In this Part, references to the provision of immigration advice or immigration services are to the provision of such advice or services by a person—

(a)in the United Kingdom (regardless of whether the persons to whom they are provided are in the United Kingdom or elsewhere); and

(b)in the course of a business carried on (whether or not for profit) by him or by another person.

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