Appeals
8.The provisions:
insert a new section 83A of the Nationality, Immigration and Asylum Act 2002 to provide a right of appeal for people no longer recognised as refugees but who are being allowed to stay in the UK on another basis. The right of appeal will be solely against the decision that the person in question no longer qualifies as a refugee.
amend section 82(2)(g) of the Nationality, Immigration and Asylum Act 2002 to insert a reference to section 10(1)(ba).
replace sections 88A, 90 and 91 of the Nationality, Immigration and Asylum Act 2002 with a new provision which will restrict full appeal rights against refusal of entry clearance to those seeking entry clearance as a dependant or a family visitor. These categories of people will be defined in regulations.
amend section 23 of the Immigration and Asylum Act 1999 to clarify that refusals of entry clearance that carry only a limited right of appeal shall be monitored by a person appointed by the Secretary of State.
provide that the Secretary of State must report on the operation of the entry clearance system in light of the removal of appeal rights under section 4 within three years of that section being commenced.
replace section 89 of the Immigration, Nationality and Asylum Act 2002 with a provision that restricts full rights of appeal against a refusal of entry at the port to those who possess an entry clearance issued for the purpose for which entry is sought.
amend section 88 (2) of the Nationality, Immigration and Asylum Act 2002 to limit appeal rights if an applicant fails to provide a medical report or medical certificate where to do so is a requirement of the immigration rules.
insert a new section 97A into the Nationality, Immigration and Asylum Act 2002 so that an appeal against a decision to make a deportation order which has been certified as having been made on national security grounds would normally only be able to be brought from outside the United Kingdom. Where the appellant has made a human rights claim the appeal can be brought in country unless the Secretary of State certifies that removal would not breach the European Convention on Human Rights (ECHR). There is an appeal against this decision to the Special Immigration Appeals Commission (SIAC).
amend section 103D of the Nationality, Immigration and Asylum Act 2002 to allow payment from the Community Legal Service Fund for preparatory work by legal representatives on a case where reconsideration has been ordered but does then not proceed.
amend section 104(4) of the Nationality, Immigration and Asylum Act 2002 so that an appeal brought from outside the UK shall not be abandoned if the appellant is granted leave to enter or remain. An appeal brought on race discrimination grounds shall not be treated as abandoned following a grant of leave to enter or remain where the appellant provides notice that he wishes to continue the appeal. An appeal on Refugee Convention grounds shall not be abandoned if leave is granted for a period of more than12 months and the appellant provides notice that he wishes to continue the appeal.
provide that section 110 of the Immigration, Nationality and Asylum Act 2002 shall cease to have effect.
amend section 3C of the Immigration Act 1971 so that it is clear that leave is continued under this section while an appeal could be brought from within the United Kingdom.
create a new section 3D in the Immigration Act 1971 to provide for continuing leave while an in country appeal could be brought or is pending against curtailment or revocation of leave. Repeal section 82(3) of the Nationality, Immigration and Asylum Act 2002 in consequence.
provide that the power to certify clearly unfounded asylum and human rights claims in variation appeals under section 94 of the Nationality, Immigration and Asylum Act 2002 may be limited in relation to persons previously granted a specified form of leave. The relevant forms of leave will be specified in regulations.
amend section 113 of the Nationality, Immigration and Asylum Act 2002, in particular the definitions of “asylum claim” and “human rights claim” by removing the requirement for such claims to be made in person at a designated place; and clarify that further submissions which follow the refusal of an asylum or human rights claim but which do not amount to a fresh claim will not carry a further right of appeal. Requirements on when asylum and human rights claims must be made in person will be moved to Immigration Rules to be made under section 47.
make consequential amendments to the Nationality, Immigration and Asylum Act 2002, British Nationality Act 1981 and Special Immigration Appeals Commission Act 1997 to insert reference to the new right of appeal (section 83A) and changes to the continuation of leave provisions; and updating a reference in the Race Relations Act 1976 to the immigration appellate body.
