C1Part V Miscellaneous and SupplementaryF7F8F9F10

Annotations:
Amendments (Textual)
F7

Ss. 40, 40A substituted (1.4.2003) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 4(1)(4), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

F10

S. 44A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 49, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)
C1

Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)

40AF7 Deprivation of citizenship: appeal

1

A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to F1the Asylum and Immigration Tribunal.

2

Subsection (1) shall not apply to a decision if the Secretary of State certifies that it was taken wholly or partly in reliance on information which in his opinion should not be made public—

a

in the interests of national security,

b

in the interests of the relationship between the United Kingdom and another country, or

c

otherwise in the public interest.

F23

The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall apply in relation to an appeal under this section as they apply in relation to an appeal under section 82 F3, 83 or 83A of that Act—

a

section 87 (successful appeal: direction) (for which purpose a direction may, in particular, provide for an order under section 40 above to be treated as having had no effect),

b

sections 103A to 103E (review and appeal),

c

section 106 (rules), F4. . .

d

section 107 (practice directions)F5, and

e

section 108 (forged document: proceedings in private).

6

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .