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Statutory Instruments

1996 No. 2145

IMMIGRATION

The Immigration (Restricted Right of Appeal Against Deportation) (Exemption) (Amendment) Order 1996

Made

16th August 1996

Laid before Parliament

19th August 1996

Coming into force

9th September 1996

In exercise of the powers conferred upon him by section 5(2) of the Immigration Act 1988(1), the Secretary of State hereby makes the following Order:

1.  This Order may be cited as the Immigration (Restricted Right of Appeal Against Deportation) (Exemption) (Amendment) Order 1996 and shall come into force on 9th September 1996.

2.  Article 2(b) of the Immigration (Restricted Right of Appeal Against Deportation) (Exemption) Order 1993(2) shall be amended by substituting, for the words “section 7(1) of the Asylum and Immigration Appeals Act 1993”, the words “section 7(1) or (1A) of the Asylum and Immigration Appeals Act 1993.”(3).

Home Office

Timothy Kirkhope

Parliamentary Under-Secretary of State

16th August 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Immigration (Restricted Right of Appeal Against Deportation) (Exemption) Order 1993 to take account of an amendment to the Asylum and Immigration Appeals Act 1993 made by the Asylum and Immigration Act 1996. The 1996 Act provides for the Secretary of State to curtail the leave to enter or remain in the United Kingdom of the dependants of a person whose leave is curtailed on the rejection of his asylum claim. The 1993 Order provided that such a person was exempt from the restrictions on the right of appeal against deportation imposed by the Immigration Act 1988; and this Order extends that exemption to the dependants of such a person.

(2)

S.I. 1993/1656.

(3)

Section 7(1A) was inserted by the Asylum and Immigration Act 1996.