Immigration and Asylum Act 1999

82 Interpretation of Part V. U.K.

(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 M1 Courts and Legal Services Act 1990;

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

• [F1 “designated qualifying regulator” has the meaning given by section 86A;]

• “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 M2 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;

  (aa)

  [F2 an application for an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations));]

  (b)

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

  (ba)

  [F3 an application for an immigration employment document;]

  (c)

  unlawful entry into the United Kingdom;

  (d)

  nationality and citizenship under the law of the United Kingdom;

  (e)

  F4 ...

  (f)

  F4 ...

  (g)

  F4 ...

  (h)

  removal or deportation from the United Kingdom;

  (i)

  an application for bail under the Immigration Acts or under the M3 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); F5 ...

• F5 ...

(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.

[F6 (3) In the definition of “relevant matters” in subsection (1) “immigration employment document” means—

(a) a work permit (within the meaning of section 33(1) of the Immigration Act 1971 (interpretation)), and

(b) any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.]

Textual Amendments

F1 Words in s. 82(1) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 10 (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F2 Words in s. 82(1) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 75(5), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 26

F3 Words in s. 82(1) inserted (1.4.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 123(2), 162(1) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5) (as amended (21.5.2003) by S.I. 2003/1339, art. 3 and (19.11.2003) by S.I. 2003/2993, art. 3)

F4 Words in s. 82(1) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 12(5)

F5 Definition and preceding word in s. 82(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 33 (with Sch. 5)

F6 S. 82(3) added (1.4.2004) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 123(3), 162(1) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 para. 5) (as amended (21.5.2003) by S.I. 2003/1339, art. 3 and (19.11.2003) by S.I. 2003/2993, art. 3)

Marginal Citations

M1 1990 c. 41.

M2 1975 c. 26.

M3 1997 c. 68.