The Immigration and Asylum Appeals (One-Stop Procedure) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

Section 74 of the Immigration and Asylum Act 1999 (the Act) provides for the service of a notice on people who have an in-country right of appeal under Part IV of the Act or under the Special Immigration Appeals Commission Act 1997. Section 75 of the Act provides for service of a similar notice on various categories of people who claim asylum or claim that it would be contrary to the United Kingdom’s obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms for them to be removed from, or required to leave, the United Kingdom.

Both notices, which are also served on family members, require the recipient to make a statement of any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom. In the case of a section 74 notice, the consequences of stating, or omitting to state, such grounds are set out in sections 73, 76 and 77 of the Act.

These Regulations set out the procedure for the serving of notices and statements. Apart from the fact that the form of the notice (which is shown in the Schedule to the Regulations) differs according to whether it is a section 74 or section 75 notice, and in some cases the time limit for serving the statement differs, the Regulations make no distinction between section 74 and section 75 of the Act.

In the case of statements made in accordance with section 75 of the Act, the Regulations also set out how sections 73, 76 and 77 are to apply. References to family members appear in sections 74, 75 and 76 of the Act, and these Regulations provide the requisite definitions.