Search Legislation

Race Relations (Amendment) Act 2000

Status:

This is the original version (as it was originally enacted).

6Immigration and asylum appeals

This section has no associated Explanatory Notes

(1)After section 57(6) of the 1976 Act (enforcement of Part III of that Act) there is added—

(7)This section has effect subject to section 57A.

(2)After section 57 of that Act there is inserted—

57AClaims under section 19B in immigration cases

(1)No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if—

(a)the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19B has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or Part IV of the 1999 Act; or

(b)it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section.

(2)For the purposes of this section an immigration claim is a claim that a person—

(a)has committed a relevant act of discrimination against the claimant which is unlawful by virtue of section 19B; or

(b)is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the claimant.

(3)Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it.

(4)No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57.

(5)In this section—

  • “the Immigration Acts” has the same meaning as in the 1999 Act;

  • “immigration appellate body” means an adjudicator appointed for the purposes of the 1999 Act, the Immigration Appeal Tribunal, the Special Immigration Appeals Commission, the Court of Appeal, the Court of Session or the House of Lords;

  • “immigration authority” means an authority within the meaning of section 65 of the 1999 Act (human rights and racial discrimination cases);

  • “immigration claim” has the meaning given by subsection (2) above;

  • “pending” has the same meaning as in the 1997 Act or, as the case may be, Part IV of the 1999 Act;

  • “relevant act of discrimination” means an act of discrimination done by an immigration authority in taking any relevant decision;

  • “relevant decision” means—

    (a)

    in relation to an immigration authority, any decision under the Immigration Acts relating to the entitlement of the claimant to enter or remain in the United Kingdom; and

    (b)

    in relation to an immigration appellate body, any decision on an appeal under the 1997 Act or Part IV of the 1999 Act in relation to a decision falling within paragraph (a);

  • “relevant immigration proceedings” means proceedings on an appeal under the 1997 Act or Part IV of the 1999 Act;

  • “the 1997 Act” means the [1997 c. 68.] Special Immigration Appeals Commission Act 1997;

  • “the 1999 Act” means the [1999 c. 33.] Immigration and Asylum Act 1999;

and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded.

(3)In section 65(1) of the [1999 c. 33.] Immigration and Asylum Act 1999 (acts made unlawful by section 6(1) of the [1998 c. 42.] Human Rights Act 1998) after “United Kingdom,” there is inserted “racially discriminated against him or”.

(4)In section 65(2) of that Act, after “Part” there is inserted

(a)an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the [1976 c. 74.] Race Relations Act 1976; and

(b).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources