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Version Superseded: 02/10/2000
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There are currently no known outstanding effects for the Asylum and Immigration Appeals Act 1993, Section 8.
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(1)A person who is refused leave to enter the United Kingdom under the 1971 Act may appeal against the refusal to a special adjudicator on the ground that his removal in consequence of the refusal would be contrary to the United Kingdom’s obligations under the Convention.
(2)A person who has limited leave under the 1971 Act to enter or remain in the United Kingdom may appeal to a special adjudicator against any variation of, or refusal to vary, the leave on the ground that it would be contrary to the United Kingdom’s obligations under the Convention for him to be required to leave the United Kingdom after the time limited by the leave.
(3)Where the Secretary of State—
(a)has decided to make a deportation order against a person by virtue of section 3(5) of the 1971 Act, or
(b)has refused to revoke a deportation order made against a person by virtue of section 3(5) or (6) of that Act,
the person may appeal to a special adjudicator against the decision or refusal on the ground that his removal in pursuance of the order would be contrary to the United Kingdom’s obligations under the Convention; F1. . ..
[F2(3A)A person may not appeal under paragraph (b) of subsection (3) above if he has had the right to appeal under paragraph (a) of that subsection, whether or not he has exercised it.]
(4)Where directions are given as mentioned in section 16(1)(a) or (b) of the 1971 Act for a person’s removal from the United Kingdom, the person may appeal to a special adjudicator against the directions on the ground that his removal in pursuance of the directions would be contrary to the United Kingdom’s obligations under the Convention.
(5)The Lord Chancellor shall designate such number of the adjudicators appointed for the purposes of Part II of the 1971 Act as he thinks necessary to act as special adjudicators for the purposes of this section and may from time to time vary that number and the persons who are so designated.
(6)Schedule 2 to this Act (which makes supplementary provision about appeals under this section) shall have effect; and the preceding provisions of this section shall have effect subject to that Schedule.
Textual Amendments
F1Words in s. 8(3) repealed (1.9.1996) by 1996 c. 49, s. 12(2)(3), Sch. 3 para. 2(1), Sch. 4; S.I. 1996/2053, art. 2, Sch. Pt. II
F2S. 8(3A) inserted (1.9.1996) by 1996 c. 49, s. 12(2), Sch. 3 para. 2(2); S.I. 1996/2053, art. 2, Sch. Pt. II
Modifications etc. (not altering text)
C1S. 8 applied (20.7.1994) by S.I 1994/1895, art. 21
C2S. 8 restricted (1.9.1996) by 1996 c. 49, s. 3(1)(b)(ii); S.I. 1996/2053, art. 2, Sch. Pt. II
C3S. 8(1) restricted (26.7.1993) by S.I. 1993/1655, art. 3(a)
C4S. 8(2) restricted (26.7.1993) by S.I. 1993/1655, art. 3(b)
C5S. 8(3) restricted (26.7.1993) by S.I. 1993/1655, art. 3(c)
C6S. 8(4) restricted (26.7.1993) by S.I. 1993/1655, art. 3(d)
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