xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Textual Amendments applied to the whole legislation

F258Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 16, Sch. 7 (with art. 5, Sch. 2) (as amended (29.6.2011) by The Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408), art. 1, Sch. para. 6; and as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 5, 14)

Part 1F258U.K.Nationality

1 Naturalisation: knowledge of language and societyU.K.

(1)The following shall be inserted after the word “and” after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation)—

(ca)that he has sufficient knowledge about life in the United Kingdom; and.

(2)In paragraph 2(e) of that Schedule (waiver)—

(a)for “the requirement specified in paragraph 1(1)(c)” there shall be substituted “ either or both of the requirements specified in paragraph 1(1)(c) and (ca) ”, and

(b)for “expect him to fulfil it” there shall be substituted “ expect him to fulfil that requirement or those requirements ”.

(3)The following shall be inserted after section 41(1)(b) of that Act (regulations)—

(ba)for determining whether a person has sufficient knowledge of a language for the purpose of an application for naturalisation;

(bb)for determining whether a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation;.

(4)The following shall be inserted after section 41(1) of that Act—

(1A)Regulations under subsection (1)(ba) or (bb) may, in particular—

(a)make provision by reference to possession of a specified qualification;

(b)make provision by reference to possession of a qualification of a specified kind;

(c)make provision by reference to attendance on a specified course;

(d)make provision by reference to attendance on a course of a specified kind;

(e)make provision by reference to a specified level of achievement;

(f)enable a person designated by the Secretary of State to determine sufficiency of knowledge in specified circumstances;

(g)enable the Secretary of State to accept a qualification of a specified kind as evidence of sufficient knowledge of a language.

Commencement Information

I1S. 1 wholly in force at 1.11.2005; s. 1 not in force at Royal Assent see s. 162(2); s. 1(3)(4) in force at 6.7.2004 by S.I. 2004/1707, art. 2; s. 1(1)(2) in force at 1.11.2005 by S.I. 2005/2782, art. 3(1) (subject to art. 3(2))

2 Naturalisation: spouse of citizenU.K.

(1)Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be amended as follows—

(a)in paragraph 3(e) for “requirement specified in paragraph 1(1)(b)” substitute “ requirements specified in paragraph 1(1)(b), (c) and (ca) ”, and

(b)in paragraph 4(c) omit“and (e)”.

(2)Paragraphs 7 and 8 of that Schedule (requirements for naturalisation as British overseas territories citizen: spouse of citizen) shall be amended as follows—

(a)in paragraph 7(e) for “requirement specified in paragraph 5(1)(b)” substitute “ requirements specified in paragraph 5(1)(b) and (c) ”, and

(b)in paragraph 8(c) omit“and (e)”.

3 Citizenship ceremony, oath and pledgeU.K.

Schedule 1 (which makes provision about citizenship ceremonies, oaths and pledges) shall have effect.

4 Deprivation of citizenshipU.K.

(1)The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)—

40 Deprivation of citizenship

(1)In this section a reference to a person’s “citizenship status” is a reference to his status as—

(a)a British citizen,

(b)a British overseas territories citizen,

(c)a British Overseas citizen,

(d)a British National (Overseas),

(e)a British protected person, or

(f)a British subject.

(2)The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that the person has done anything seriously prejudicial to the vital interests of—

(a)the United Kingdom, or

(b)a British overseas territory.

(3)The Secretary of State may by order deprive a person of a citizenship status which results from his registration or naturalisation if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a)fraud,

(b)false representation, or

(c)concealment of a material fact.

(4)The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

(5)Before making an order under this section in respect of a person the Secretary of State must give the person written notice specifying—

(a)that the Secretary of State has decided to make an order,

(b)the reasons for the order, and

(c)the person’s right of appeal under section 40A(1) or under section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68).

(6)Where a person acquired a citizenship status by the operation of a law which applied to him because of his registration or naturalisation under an enactment having effect before commencement, the Secretary of State may by order deprive the person of the citizenship status if the Secretary of State is satisfied that the registration or naturalisation was obtained by means of—

(a)fraud,

(b)false representation, or

(c)concealment of a material fact.

40A 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 an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal).

(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.

(3)A party to an appeal to an adjudicator under subsection (1) may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.

(4)A party to an appeal to the Immigration Appeal Tribunal under subsection (3) may bring a further appeal on a point of law—

(a)where the decision of the adjudicator was made in Scotland, to the Court of Session, or

(b)in any other case, to the Court of Appeal.

(5)An appeal under subsection (4) may be brought only with the permission of—

(a)the Tribunal, or

(b)if the Tribunal refuses permission, the court referred to in subsection (4)(a) or (b).

(6)An order under section 40 may not be made in respect of a person while an appeal under this section or section 2B of the Special Immigration Appeals Commission Act 1997 (c. 68)—

(a)has been instituted and has not yet been finally determined, withdrawn or abandoned, or

(b)could be brought (ignoring any possibility of an appeal out of time with permission).

(7)Rules under section 106 of the Nationality, Immigration and Asylum Act 2002 (immigration appeal: rules) may make provision about an appeal under this section.

(8)Directions under section 107 of that Act (practice directions) may make provision about an appeal under this section.

(2)The following shall be inserted before section 3 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: bail)—

A person may appeal to the Special Immigration Appeals Commission against a decision to make an order under section 40 of the British Nationality Act 1981 (c. 61) (deprivation of citizenship) if he is not entitled to appeal under section 40A(1) of that Act because of a certificate under section 40A(2).

(3)In section 5(1)(a) and (b) and (2) of that Act (procedure) after “section 2” there shall be inserted “ or 2B ”.

(4)In exercising a power under section 40 of the British Nationality Act 1981 after the commencement of subsection (1) above the Secretary of State may have regard to anything which—

(a)occurred before commencement, and

(b)he could have relied on (whether on its own or with other matters) in making an order under section 40 before commencement.

5 Resumption of citizenshipU.K.

In the following provisions of the British Nationality Act 1981 (c. 61) the words “, if a woman,” shall cease to have effect—

(a)section 10(1) and (2)(registration as British citizen following renunciation of citizenship), and

(b)section 22(1) and (2)(registration as British overseas territories citizen following renunciation of citizenship).

Commencement Information

I2S. 5 in force at Royal Assent with effect in accordance with s. 162(3)

6 Nationality decision: discriminationU.K.

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Nationality decision: reasons and reviewU.K.

(1)Section 44(2) and (3) of the British Nationality Act 1981 (c. 61) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.

(2)Section 1(5) of the British Nationality (Hong Kong) Act 1990 (c. 34) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.

8 Citizenship: registrationU.K.

In paragraph 3(1)(b) of Schedule 2 to the British Nationality Act 1981 (application by person born in United Kingdom or overseas territory for registration as citizen: age requirement) the words “had attained the age of ten but” shall cease to have effect.

9 Legitimacy of childU.K.

(1)The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)—

(9)For the purposes of this Act a child’s mother is the woman who gives birth to the child.

(9A)For the purposes of this Act a child’s father is—

(a)the husband, at the time of the child’s birth, of the woman who gives birth to the child, or

(b)where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 (c. 37) (father), that person, or

(c)where neither paragraph (a) nor paragraph (b) applies, any person who satisfies prescribed requirements as to proof of paternity.

(9B)In subsection (9A)(c) “prescribed” means prescribed by regulations of the Secretary of State; and the regulations—

(a)may confer a function (which may be a discretionary function) on the Secretary of State or another person,

(b)may make provision which applies generally or only in specified circumstances,

(c)may make different provision for different circumstances,

(d)must be made by statutory instrument, and

(e)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9C)The expressions “parent”, “child” and “descended” shall be construed in accordance with subsections (9) and (9A).

(2)In section 3(6) of that Act (registration of minor as British citizen)—

(a)after paragraph (a) insert “ and ”,

(b)the word “and” after paragraph (b) shall cease to have effect, and

(c)paragraph (c) (illegitimate child) shall cease to have effect.

(3)In section 17(6) of that Act (registration of minor as British overseas territories citizen)—

(a)after paragraph (a) insert “ and ”,

(b)the word“and” after paragraph (b) shall cease to have effect, and

(c)paragraph (c)(illegitimate child) shall cease to have effect.

(4)Section 47 of that Act (legitimated children) shall cease to have effect.

(5)In Schedule 2 to that Act (persons otherwise stateless)—

(a)in paragraph 1(1)(b) (person born in United Kingdom), the words “he is born legitimate and” shall cease to have effect, and

(b)in paragraph 2(1)(b) (person born in British overseas territory), the words “he is born legitimate and” shall cease to have effect.

Commencement Information

I3S. 9 wholly in force at 1.7.2006; S. 9 not in force at Royal Assent see s. 162; s. 9 in force at 5.6.2006 for specified purposes and in force at 1.7.2006 so far as not already in force by S.I. 2006/1498, art. 2

10 Right of abode: certificate of entitlementU.K.

(1)The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.

(2)The regulations may, in particular—

(a)specify to whom an application must be made;

(b)specify the place (which may be outside the United Kingdom) to which an application must be sent;

(c)provide that an application must be [F3accompanied by specified information;]

(d)provide that an application must be accompanied by specified documents;

(e)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)specify the consequences of failure to comply with a requirement under any of paragraphs [F5(a) to (d)] above;

(g)provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;

(h)make provision about the revocation of a certificate.

(3)The regulations may—

(a)make provision which applies generally or only in specified cases or circumstances;

(b)make different provision for different purposes;

(c)include consequential, incidental or transitional provision.

(4)The regulations—

(a)must be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The Immigration Act 1971 (c. 77) shall be amended as follows—

(a)in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and

(b)in section 33(1) for the definition of “certificate of entitlement” substitute—

certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;.

(6)Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—

(a)is issued before the regulations come into force, and

(b)is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.

Textual Amendments

F4S. 10(2)(e) ceases to have effect (2.4.2007) and repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52, 61, 62, Sch. 2 para. 4(a), Sch. 3; S.I. 2007/1109, arts. 4, 5, Sch. (subject to art. 6)

F5Words in s. 10(2)(f) substituted (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13) ss. 52, 62, {Sch. 2 para. 4(b)}; S.I. 2007/1109, art. 4

Commencement Information

I4S.10 partly in force; s.10(1)-(4)(6) in force at Royal Assent see s. 162(2); s. 10(5)(b) in force at 21.12.2006 by S.I. 2006/3144, art. 2

F611 Unlawful presence in United KingdomU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 British citizenship: registration of certain persons without other citizenshipU.K.

(1)The following shall be inserted after section 4A of the British Nationality Act 1981 (c. 61) (registration as British citizen)—

4B Acquisition by registration: certain persons without other citizenship

(1)This section applies to a person who has the status of—

(a)British Overseas citizen,

(b)British subject under this Act, or

(c)British protected person.

(2)A person to whom this section applies shall be entitled to be registered as a British citizen if—

(a)he applies for registration under this section,

(b)the Secretary of State is satisfied that the person does not have, apart from the status mentioned in subsection (1), any citizenship or nationality, and

(c)the Secretary of State is satisfied that the person has not after 4th July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality.

(2)In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) for “section 5” there shall be substituted “ section 4B or 5 ”.

13 British citizenship: registration of certain persons born between 1961 and 1983U.K.

(1)The following shall be inserted after section 4B of the British Nationality Act 1981 (registration as British citizen)—

4C Acquisition by registration: certain persons born between 1961 and 1983

(1)A person is entitled to be registered as a British citizen if—

(a)he applies for registration under this section, and

(b)he satisfies each of the following conditions.

(2)The first condition is that the applicant was born after 7th February 1961 and before 1st January 1983.

(3)The second condition is that the applicant would at some time before 1st January 1983 have become a citizen of the United Kingdom and Colonies by virtue of section 5 of the British Nationality Act 1948 (c. 56) if that section had provided for citizenship by descent from a mother in the same terms as it provided for citizenship by descent from a father.

(4)The third condition is that immediately before 1st January 1983 the applicant would have had the right of abode in the United Kingdom by virtue of section 2 of the Immigration Act 1971 (c. 77) had he become a citizen of the United Kingdom and Colonies as described in subsection (3) above.

(2)In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) after the words “section 4B” (as substituted by section 12(2) of this Act) there shall be inserted “ , 4C ”.

14 Hong KongU.K.

A person may not be registered as a British overseas territories citizen under a provision of the British Nationality Act 1981 (c. 61) by virtue of a connection with Hong Kong.

15 Repeal of spent provisionsU.K.

Schedule 2 (which repeals spent provisions) shall have effect.

Part 2F258U.K.Accommodation Centres

Modifications etc. (not altering text)

EstablishmentF258U.K.

16 Establishment of centresU.K.

(1)The Secretary of State may arrange for the provision of premises for the accommodation of persons in accordance with this Part.

(2)A set of premises provided under this section is referred to in this Act as an “accommodation centre”.

(3)The Secretary of State may arrange for—

(a)the provision of facilities at or near an accommodation centre for sittings of adjudicators appointed for the purpose of Part 5 in accordance with a determination F7. . . under paragraph 2 of Schedule 4;

(b)the provision of facilities at an accommodation centre for the taking of steps in connection with the determination of claims for asylum (within the meaning of section 18(3)).

Textual Amendments

Use of centresF258U.K.

Prospective

17 Support for destitute asylum-seekerU.K.

(1)The Secretary of State may arrange for the provision of accommodation for a person in an accommodation centre if—

(a)the person is an asylum-seeker or the dependant of an asylum-seeker, and

(b)the Secretary of State thinks that the person is destitute or is likely to become destitute within a prescribed period.

(2)The Secretary of State may make regulations about procedure to be followed in respect of the provision of accommodation under this section.

(3)The regulations may, in particular, make provision—

(a)specifying procedure to be followed in applying for accommodation in an accommodation centre;

(b)providing for an application to be combined with an application under or in respect of another enactment;

(c)requiring an applicant to provide information;

(d)specifying circumstances in which an application may not be considered (which provision may, in particular, provide for an application not to be considered where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (e));

(e)about the making of enquiries by the Secretary of State;

(f)requiring a person to notify the Secretary of State of a change in circumstances.

(4)Sections 18 to 20 define the following expressions for the purpose of this Part—

(a)asylum-seeker,

(b)dependant, and

(c)destitute.

18 Asylum-seeker: definitionU.K.

(1)For the purposes of this Part a person is an “asylum-seeker” if—

(a)he is at least 18 years old,

(b)he is in the United Kingdom,

(c)a claim for asylum has been made by him at a place designated by the Secretary of State,

(d)the Secretary of State has recorded the claim, and

(e)the claim has not been determined.

(2)A person shall continue to be treated as an asylum-seeker despite subsection (1)(e) while—

(a)his household includes a dependent child who is under 18, and

(b)he does not have leave to enter or remain in the United Kingdom.

(3)A claim for asylum is a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

(a)the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or

(b)Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.

Commencement Information

I5S. 18 partly in force; s. 18 not in force at Royal Assent see s. 162(2); s. 18 in force for certain purposes at 8.1.2003 and for further certain purposes at 10.2.2003 by S.I. 2003/1, art. 2, Sch.

Prospective

19 Destitution: definitionU.K.

(1)Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—

(a)adequate accommodation, and

(b)food and other essential items.

(2)Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—

(a)adequate accommodation, and

(b)food and other essential items.

(3)In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

(4)In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State may not have regard to—

(a)whether a person has an enforceable right to occupy accommodation,

(b)whether a person shares all or part of accommodation,

(c)whether accommodation is temporary or permanent,

(d)the location of accommodation, or

(e)any other matter prescribed for the purposes of this subsection.

(5)The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (1) and (2).

(6)The Secretary of State may by regulations—

(a)provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

(b)enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

(c)enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

(d)enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

(e)make provision as to the valuation of assets.

Prospective

20 Dependant: definitionU.K.

For the purposes of this Part a person is a “dependant” of an asylum-seeker if (and only if) that person—

(a)is in the United Kingdom, and

(b)is within a prescribed class.

Prospective

21 Sections 17 to 20: supplementaryU.K.

(1)This section applies for the purposes of sections 17 to 20.

(2)The Secretary of State may inquire into and decide a person’s age.

(3)A claim for asylum shall be treated as determined at the end of such period as may be prescribed beginning with—

(a)the date on which the Secretary of State notifies the claimant of his decision on the claim, or

(b)if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.

(4)A notice under subsection (3)(a)—

(a)must be in writing, and

(b)if sent by first class post to the claimant’s last known address or to the claimant’s representative, shall be treated as being received by the claimant on the second day after the day of posting.

(5)An appeal is disposed of when it is no longer pending for the purpose of—

(a)Part 5 of this Act, or

(b)the Special Immigration Appeals Commission Act 1997 (c. 68).

Prospective

22 Immigration and Asylum Act 1999, s. 95U.K.

The Secretary of State may provide support under section 95 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker) by arranging for the provision of accommodation in an accommodation centre.

Prospective

23 Person subject to United Kingdom entrance controlU.K.

(1)A residence [F8condition] may include a requirement to reside at an accommodation centre.

[F9(2)In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.]

(3)Where a person is required to reside in an accommodation centre by virtue of subsection (1) the Secretary of State must arrange for the provision of accommodation for the person in an accommodation centre.

(4)But if the person is required to leave an accommodation centre by virtue of section 26 or 30 he shall be treated as having broken the residence [F10condition] referred to in subsection (1).

(5)The Secretary of State may provide support under section 4 of the Immigration and Asylum Act 1999 (persons subject to entrance control) (including that section as amended by section 49 of this Act) by arranging for the provision of accommodation in an accommodation centre.

Textual Amendments

F8Word in s. 23(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 32(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F10Word in s. 23(4) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 32(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

Prospective

24 Provisional assistanceU.K.

(1)If the Secretary of State thinks that a person may be eligible for the provision of accommodation in an accommodation centre under section 17, he may arrange for the provision for the person, pending a decision about eligibility, of—

(a)accommodation in an accommodation centre, or

(b)other support or assistance (of any kind).

(2)Section 99 of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authority) shall have effect in relation to the provision of support for persons under subsection (1) above as it has effect in relation to the provision of support for asylum-seekers under sections 95 and 98 of that Act.

Prospective

25 Length of stayU.K.

(1)The Secretary of State may not arrange for the provision of accommodation for a person in an accommodation centre if he has been a resident of an accommodation centre for a continuous period of six months.

(2)But—

(a)subsection (1) may be disapplied in respect of a person, generally or to a specified extent, by agreement between the Secretary of State and the person, and

(b)if the Secretary of State thinks it appropriate in relation to a person because of the circumstances of his case, the Secretary of State may direct that subsection (1) shall have effect in relation to the person as if the period specified in that subsection were the period of nine months.

(3)Section 51 is subject to this section.

(4)The Secretary of State may by order amend subsection (1) or (2)(b) so as to substitute a shorter period for a period specified.

Prospective

26 Withdrawal of supportU.K.

(1)The Secretary of State may stop providing support for a person under section 17 or 24 if—

(a)the Secretary of State suspects that the person or a dependant of his has committed an offence by virtue of section 35, or

(b)the person or a dependant of his has failed to comply with directions of the Secretary of State as to the time or manner of travel to accommodation provided under section 17 or 24.

(2)The Secretary of State may by regulations specify other circumstances in which he may stop providing support for a person under section 17 or 24.

(3)In determining whether or not to provide a person with support or assistance under section 17 or 24 of this Act or section 4, 95 or 98 of the Immigration and Asylum Act 1999 (asylum-seeker) the Secretary of State may take into account the fact that—

(a)he has withdrawn support from the person by virtue of this section or section 30(4) or (5), or

(b)circumstances exist which would have enabled the Secretary of State to withdraw support from the person by virtue of this section had he been receiving support.

(4)This section is without prejudice to section 103 of the Immigration and Asylum Act 1999 (c. 33) (appeal against refusal to support).

Prospective

Operation of centresF258U.K.

27 Resident of centreU.K.

A reference in this Part to a resident of an accommodation centre is a reference to a person for whom accommodation in the centre is provided—

(a)under section 17,

(b)by virtue of section 22,

(c)by virtue of section 23, or

(d)under section 24.

28 Manager of centreU.K.

A reference in this Part to the manager of an accommodation centre is a reference to a person who agrees with the Secretary of State to be wholly or partly responsible for the management of the centre.

29 FacilitiesU.K.

(1)The Secretary of State may arrange for the following to be provided to a resident of an accommodation centre—

(a)food and other essential items;

(b)money;

(c)assistance with transport for the purpose of proceedings under the Immigration Acts or in connection with a claim for asylum;

(d)transport to and from the centre;

(e)assistance with expenses incurred in connection with carrying out voluntary work or other activities;

(f)education and training;

(g)facilities relating to health;

(h)facilities for religious observance;

(i)anything which the Secretary of State thinks ought to be provided for the purpose of providing a resident with proper occupation and for the purpose of maintaining good order;

(j)anything which the Secretary of State thinks ought to be provided for a person because of his exceptional circumstances.

(2)The Secretary of State may make regulations specifying the amount or maximum amount of money to be provided under subsection (1)(b).

(3)The Secretary of State may arrange for the provision of facilities in an accommodation centre for the use of a person in providing legal advice to a resident of the centre.

(4)The Secretary of State shall take reasonable steps to ensure that a resident of an accommodation centre has an opportunity to obtain legal advice before any appointment made by an immigration officer or an official of the Secretary of State for the purpose of obtaining information from the resident to be used in determining his claim for asylum.

(5)The Secretary of State may by order amend subsection (1) so as to add a reference to facilities which may be provided.

30 Conditions of residenceU.K.

(1)The Secretary of State may make regulations about conditions to be observed by residents of an accommodation centre.

(2)Regulations under subsection (1) may, in particular, enable a condition to be imposed in accordance with the regulations by—

(a)the Secretary of State, or

(b)the manager of an accommodation centre.

(3)A condition imposed by virtue of this section may, in particular—

(a)require a person not to be absent from the centre during specified hours without the permission of the Secretary of State or the manager;

(b)require a person to report to an immigration officer or the Secretary of State.

(4)If a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—

(a)require the resident and any dependant of his to leave the centre;

(b)authorise the manager of the centre to require the resident and any dependant of his to leave the centre.

(5)If a dependant of a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—

(a)require the resident and any dependant of his to leave the centre;

(b)authorise the manager of the centre to require the resident and any dependant of his to leave the centre.

(6)Regulations under this section must include provision for ensuring that a person subject to a condition is notified of the condition in writing.

(7)A condition imposed by virtue of this section is in addition to any [F11condition imposed under Schedule 10 to the Immigration Act 2016.]

(8)A reference in this Part to a condition of residence is a reference to a condition imposed by virtue of this section.

Textual Amendments

F11Words in s. 30(7) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 33; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

31 Financial contribution by residentU.K.

(1)A condition of residence may, in particular, require a resident of an accommodation centre to make payments to—

(a)the Secretary of State, or

(b)the manager of the centre.

(2)The Secretary of State may make regulations enabling him to recover sums representing the whole or part of the value of accommodation and other facilities provided to a resident of an accommodation centre if—

(a)accommodation is provided for the resident in response to an application by him for support,

(b)when the application was made the applicant had assets which were not capable of being realised, and

(c)the assets have become realisable.

(3)In subsection (2) “assets” includes assets outside the United Kingdom.

(4)An amount recoverable by virtue of regulations made under subsection (2) may be recovered—

(a)as a debt due to the Secretary of State;

(b)by another prescribed method (which may include the imposition or variation of a residence condition).

32 TenureU.K.

(1)A resident of an accommodation centre shall not be treated as acquiring a tenancy of or other interest in any part of the centre (whether by virtue of an agreement between the resident and another person or otherwise).

(2)Subsection (3) applies where—

(a)the Secretary of State decides to stop arranging for the provision of accommodation in an accommodation centre for a resident of the centre, or

(b)a resident of an accommodation centre is required to leave the centre in accordance with section 30.

(3)Where this subsection applies—

(a)the Secretary of State or the manager of the centre may recover possession of the premises occupied by the resident, and

(b)the right under paragraph (a) shall be enforceable in accordance with procedure prescribed by regulations made by the Secretary of State.

(4)Any licence which a resident of an accommodation centre has to occupy premises in the centre shall be an excluded licence for the purposes of the Protection from Eviction Act 1977 (c. 43).

(5)The following shall be inserted after section 3A(7A) of the Protection from Eviction Act 1977 (disapplication of section 3: Part VI of Immigration and Asylum Act 1999 (c. 33))—

(7B)Section 32 of the Nationality, Immigration and Asylum Act 2002 (accommodation centre: tenure) provides for a resident’s licence to occupy an accommodation centre to be an excluded licence.

(6)The following shall be inserted after section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights)—

(5B)Nothing in section 23 of this Act applies to a resident’s occupancy of an accommodation centre provided under section 16 or 24(1)(b) of the Nationality, Immigration and Asylum Act 2002 (“resident” being construed in accordance with section 27 of that Act).

(7)In this section a reference to an accommodation centre includes a reference to premises in which accommodation is provided under section 24(1)(b).

33 Advisory GroupsU.K.

(1)The Secretary of State shall appoint a group (to be known as an Accommodation Centre Advisory Group) for each accommodation centre.

(2)The Secretary of State may by regulations—

(a)confer functions on Advisory Groups;

(b)make provision about the constitution and proceedings of Advisory Groups.

(3)Regulations under subsection (2)(a) must, in particular, provide for members of an accommodation centre’s Advisory Group—

(a)to visit the centre;

(b)to hear complaints made by residents of the centre;

(c)to report to the Secretary of State.

(4)The manager of an accommodation centre must permit a member of the centre’s Advisory Group on request—

(a)to visit the centre at any time;

(b)to visit any resident of the centre at any time, provided that the resident consents.

(5)A member of an Advisory Group shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).

(6)The Secretary of State may—

(a)defray expenses of members of an Advisory Group;

(b)make facilities available to members of an Advisory Group.

Prospective

GeneralF258U.K.

F1234 The Monitor of Accommodation CentresU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

35 Ancillary provisionsU.K.

(1)The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall apply for the purposes of this Part as they apply for the purposes of Part VI of that Act (support for asylum-seeker)—

(a)section 105 (false representation),

(b)section 106 (dishonest representation),

(c)section 107 (delay or obstruction),

(d)section 108 (failure of sponsor to maintain),

(e)section 109 (offence committed by body),

(f)section 112 (recovery of expenditure),

(g)section 113 (recovery of expenditure from sponsor),

(h)section 124 (corporation sole), and

(i)section 127 (redirection of post).

(2)In the application of section 112 a reference to something done under section 95 or 98 of that Act shall be treated as a reference to something done under section 17 or 24 of this Act.

(3)In the application of section 113 a reference to section 95 of that Act shall be treated as a reference to section 17 of this Act.

Commencement Information

I6S. 35 partly in force; s. 35(1)(h) in force at Royal Assent see s. 162(2)

36 Education: generalU.K.

(1)For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of [F13local authority]) a resident of an accommodation centre shall not be treated as part of the population of a [F13local authority] area.

(2)A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).

(3)But subsection (2) does not prevent a child’s admission to a school which is—

(a)a community special school or a foundation special school, and

(b)named in [F14an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or] a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs).

(4)In subsections (2) and (3)—

(a)maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31) (definition), and

(b)maintained nursery” means a facility for nursery education, within the meaning of section 117 of that Act, provided by a [F15local authority].

(5)The following shall not apply in relation to a child who is a resident of an accommodation centre (subject to section 37)—

(a)section 86(1) and (2) of the School Standards and Framework Act 1998 (parental preference),

(b)section 94 of that Act (appeal),

(c)section 19 of the Education Act 1996 (education out of school),

(d)section 316(2) and (3) of that Act (child with special educational needs to be educated in mainstream school), F16...

(e)paragraphs 3 and 8 of Schedule 27 to that Act (special education needs: making of statement: parental preference).

[F17(f)sections 33 and 34 of the Children and Families Act 2014 (mainstream education for children with special educational needs), and

(g)sections 38 and 39 of that Act (EHC plan: request of parent for named school etc).]

[F18(5A)The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.]

(6)The power of F19...[F20 the Special Educational Needs Tribunal for Wales] under section 326(3) of the Education Act 1996 (appeal against content of statement) is subject to subsection (2) above.

(7)A person exercising a function under this Act [F21, Part 3 of the Children and Families Act 2014] or the Education Act 1996 shall (subject to section 37) secure that a child who is a resident of an accommodation centre and who has special educational needs shall be educated by way of facilities provided under section 29(1)(f) of this Act unless that is incompatible with—

(a)his receiving the special educational provision [F22called for by his special educational needs or] which his learning difficulty calls for,

(b)the provision of efficient education for other children who are residents of the centre, or

(c)the efficient use of resources.

(8)A person may rely on subsection (7)(b) only where there is no action—

(a)which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and

(b)as a result of which subsection (7)(b) would not apply.

(9)An accommodation centre is not a school within the meaning of section 4 of the Education Act 1996 (definition); but—

(a)[F23Part 1 of the Education Act 2005 (school inspections)] shall apply to educational facilities provided at an accommodation centre as if the centre were a school (for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre),

[F24(aa)section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,]

(b)section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) shall have effect as if—

(i)an accommodation centre were a relevant school for the purposes of that section,

(ii)a child for whom education is provided at an accommodation centre under section 29(1)(f) were a registered pupil at the centre, and

(iii)a reference in section 329A to the responsible body in relation to an accommodation centre were a reference to any person providing education at the centre under section 29(1)(f), and

(c)section 140 of the Learning and Skills Act 2000 (c. 21) (learning difficulties: assessment of post-16 needs) shall have effect as if an accommodation centre were a school.

(10)Subsections (1), (2) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 29(1)(f).

(11)An expression used in this section and in the Education Act 1996 (c. 56) shall have the same meaning in this section as in that Act.

Textual Amendments

F23Words in s. 36(9)(a) substituted (1.9.2005 for E. and otherwise prosp.) by Education Act 2005 (c. 18), ss. 61, 125, Sch. 9 para. 30; S.I. 2005/2034, art. 4

37 Education: special casesU.K.

(1)This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the [F25local authority] for the area in which the centre is that this section should apply to the child on the grounds that his special circumstances call for provision that can only or best be arranged by the authority.

(2)A [F25local authority] may—

(a)arrange for the provision of education for a child to whom this section applies;

(b)disapply a provision of section 36 in respect of a child to whom this section applies.

(3)In determining whether to exercise a power under subsection (2) in respect of a child a [F25local authority] shall have regard to any relevant guidance issued by the Secretary of State.

(4)The governing body of a maintained school shall comply with a requirement of the [F25local authority] to admit to the school a child to whom this section applies.

(5)Subsection (4) shall not apply where compliance with a requirement would prejudice measures taken for the purpose of complying with a duty arising under section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limit on infant class size).

(6)A [F25local authority] may not impose a requirement under subsection (4) in respect of a school unless the authority has consulted the school in accordance with regulations made by the Secretary of State.

(7)In the case of a maintained school for which the [F25local authority] are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.

(8)In this section—

(a)maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (definition), and

(b)an expression which is also used in the Education Act 1996 (c. 56) shall have the same meaning as it has in that Act.

38 Local authorityU.K.

(1)A local authority may in accordance with arrangements made by the Secretary of State—

(a)assist in arranging for the provision of an accommodation centre;

(b)make premises available for an accommodation centre;

(c)provide services in connection with an accommodation centre.

(2)In particular, a local authority may—

(a)incur reasonable expenditure;

(b)provide services outside its area;

(c)provide services jointly with another body;

(d)form a company;

(e)tender for or enter into a contract;

(f)do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

(3)In this section “local authority” means—

(a)a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

(b)a Northern Ireland authority within the meaning of section 110 of that Act and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/ 594 (N.I. 3)).

39“Prescribed”: orders and regulationsU.K.

(1)In this Part “prescribed” means prescribed by the Secretary of State by order or regulations.

(2)An order or regulations under this Part may—

(a)make provision which applies generally or only in specified cases or circumstances (which may be determined wholly or partly by reference to location);

(b)make different provision for different cases or circumstances;

(c)include consequential, transitional or incidental provision.

(3)An order or regulations under this Part must be made by statutory instrument.

(4)An order or regulations under any of the following provisions of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament—

(a)section 17,

(b)section 19,

(c)section 20,

(d)section 21,

(e)section 26,

(f)section 29,

(g)section 31,

(h)section 32,

(i)section 33,

(j)section 37,

(k)section 40, and

(l)section 41.

(5)An order under section 25 or regulations under section 30 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

40 ScotlandU.K.

(1)The Secretary of State may not make arrangements under section 16 for the provision of premises in Scotland unless he has consulted the Scottish Ministers.

(2)The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Scotland.

(3)An order under subsection (2) may, in particular—

(a)apply, disapply or modify the effect of an enactment (which may include a provision made by or under an Act of the Scottish Parliament);

(b)make provision having an effect similar to the effect of a provision of section 36 or 37.

Commencement Information

I7S. 40(1) partly in force; s. 40(1) in force at Royal Assent see s. 162(2)

41 Northern IrelandU.K.

(1)The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.

(2)The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.

(3)An order under subsection (2) may, in particular—

(a)apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);

(b)make provision having an effect similar to the effect of a provision of section 36 or 37.

Commencement Information

I8S. 41(1) partly in force; s. 41(1) in force at Royal Assent see s. 162(2)

42 WalesU.K.

The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.

Part 3F258U.K.Other Support and Assistance

43 Asylum-seeker: form of supportU.K.

(1)The Secretary of State may make an order restricting the application of section 96(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: essential living needs)—

(a)in all circumstances, to cases in which support is being provided under section 96(1)(a) (accommodation), or

(b)in specified circumstances only, to cases in which support is being provided under section 96(1)(a).

(2)An order under subsection (1)(b) may, in particular, make provision by reference to—

(a)location;

(b)the date of an application.

(3)An order under subsection (1) may include transitional provision.

(4)An order under subsection (1)—

(a)must be made by statutory instrument, and

(b)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Prospective

44 Destitute asylum-seekerU.K.

(1)Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows.

(2)In subsection (1) for the definition of “asylum-seeker” substitute—

asylum-seeker” means a person—

(a)who is at least 18 years old,

(b)who is in the United Kingdom,

(c)who has made a claim for asylum at a place designated by the Secretary of State,

(d)whose claim has been recorded by the Secretary of State, and

(e)whose claim has not been determined;.

(3)In subsection (1) for the definition of “dependant” substitute—

dependant” in relation to an asylum-seeker or a supported person means a person who—

(a)is in the United Kingdom, and

(b)is within a prescribed class;.

(4)For subsection (3) substitute—

(3)A claim for asylum shall be treated as determined for the purposes of subsection (1) at the end of such period as may be prescribed beginning with—

(a)the date on which the Secretary of State notifies the claimant of his decision on the claim, or

(b)if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.

(3A)A person shall continue to be treated as an asylum-seeker despite paragraph (e) of the definition of “asylum-seeker” in subsection (1) while—

(a)his household includes a dependant child who is under 18, and

(b)he does not have leave to enter or remain in the United Kingdom.

(5)Omit subsections (5) and (6).

(6)The following shall be substituted for section 95(2) to (8) of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker: interpretation)—

(2)Where a person has dependants, he and his dependants are destitute for the purpose of this section if they do not have and cannot obtain both—

(a)adequate accommodation, and

(b)food and other essential items.

(3)Where a person does not have dependants, he is destitute for the purpose of this section if he does not have and cannot obtain both—

(a)adequate accommodation, and

(b)food and other essential items.

(4)In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.

(5)In determining whether accommodation is adequate for the purposes of subsection (2) or (3) the Secretary of State may not have regard to—

(a)whether a person has an enforceable right to occupy accommodation,

(b)whether a person shares all or part of accommodation,

(c)whether accommodation is temporary or permanent,

(d)the location of accommodation, or

(e)any other matter prescribed for the purposes of this subsection.

(6)The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (2) and (3).

(7)The Secretary of State may by regulations—

(a)provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;

(b)enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;

(c)enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;

(d)enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;

(e)make provision as to the valuation of assets.

Prospective

45 Section 44: supplementalU.K.

(1)The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)—

(b)by providing the supported person and his dependants (if any) with food and other essential items;.

(2)In section 97 of the Immigration and Asylum Act 1999 (c. 33) (support: supplemental)—

(a)in subsection (4) for “essential living needs” there shall be substituted “ food and other essential items ”,

(b)in subsection (5) for “essential living needs” there shall be substituted “ food and other essential items ”, and

(c)in subsection (6) for “living needs” there shall be substituted “ items ”.

(3)Paragraphs 2 and 6 of Schedule 8 to the Immigration and Asylum Act 1999 (support: regulations) shall cease to have effect.

(4)In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (support: interim provision)—

(a)for “Subsections (3) to (8) of section 95” substitute “ Subsections (2) to (6) of section 95 ”, and

(b)for “subsections (5) and (7)” substitute “ subsections (4) and (5) ”.

(5)The following shall be substituted for section 21(1B) of the National Assistance Act 1948 (c. 29) (duty of local authority to provide accommodation: exclusion of destitute asylum-seeker: interpretation)—

(1B)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (1A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(6)The following shall be substituted for section 45(4B) of the Health Services and Public Health Act 1968 (c. 46) (local authority promotion of welfare of elderly: exclusion of destitute asylum-seeker: interpretation)—

(4B)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (4A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(7)[F26The following shall be substituted for paragraph 2(2B) of Schedule 8 to the National Health Service Act 1977 (c. 49) (local authority arrangements for prevention and care: exclusion of asylum-seeker: interpretation)—

(2B)Section 95(2) to (7) of that Act shall apply for the purposes of sub-paragraph (2A) above; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local social services authority.]

Textual Amendments

F26S. 45(7) repealed (coming into force in accordance with s. 8(5)(6) of the repealing Act) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Prospective

46 Section 44: supplemental: Scotland and Northern IrelandU.K.

(1)The following shall be substituted for section 12(2B) of the Social Work (Scotland) Act 1968 (c. 49)(general social welfare services of local authorities – exclusion of destitute asylum seeker: interpretation)—

(2B)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (2A) of this section; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(2)The following shall be substituted for section 13A(5) of that Act (provision of residential accommodation with nursing – exclusion of destitute asylum seeker: interpretation)—

(5)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (4) of this section; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

(3)The following shall be substituted for section 13B(4) of that Act (provision of care and after-care – exclusion of destitute asylum seeker: interpretation)—

(4)Section 95(2) to (7) of that Act shall apply for the purposes of subsection (3) of this section; and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority.

[F27(4)The following shall be substituted for article 14(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (mental health services provided by local authorities)–

(2)Section 95(2) to (7) of the Immigration and Asylum Act 1999 shall apply for the purposes of paragraph (1); and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to a local authority..]

(6)The following shall be substituted for Article 7(3A) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, care and after-care: exclusion of asylum-seeker: interpretation)—

(3A)Section 95(2) to (7) of that Act shall apply for the purpose of paragraph (3); and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to the Department.

(7)The following shall be substituted for Article 15(7) of that Order (general social welfare: exclusion of destitute asylum-seeker: interpretation)—

(7)Section 95(2) to (7) of that Act shall apply for the purpose of paragraph (6); and for that purpose a reference to the Secretary of State in section 95(4) or (5) shall be treated as a reference to the Department.

Prospective

47 Asylum-seeker: family with childrenU.K.

The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)—

122 Family with children

(1)This section applies where a person (“the asylum-seeker”) applies for support under section 95 of this Act or section 17 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—

(a)the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and

(b)the asylum-seeker’s household includes a dependant child who is under 18.

(2)The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker’s household, under one of the sections mentioned in subsection (1).

(3)A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—

(a)the Secretary of State is providing support for the child in accordance with an offer under subsection (2),

(b)an offer by the Secretary of State under subsection (2) remains open in respect of the child, or

(c)the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).

(4)In subsection (3) “assistance” means assistance under—

(a)section 17 of the Children Act 1989 (c. 41) (local authority support),

(b)section 22 of the Children (Scotland) Act 1995 (c. 36) (similar provision for Scotland), or

(c)Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).

(5)The Secretary of State may by order disapply subsection (3) in specified circumstances.

(6)Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.

48 Young asylum-seekerU.K.

The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall have effect as if the definition of asylum-seeker in section 94(1) of that Act did not exclude persons who are under 18—

(a)section 110 (local authority expenditure on asylum-seekers), and

(b)section 111 (grants to voluntary organisations).

49 Failed asylum-seekerU.K.

(1)The following shall be added at the end of section 4 of the Immigration and Asylum Act 1999 (accommodation for person on temporary admission or release)—

(2)The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a person if—

(a)he was (but is no longer) an asylum-seeker, and

(b)his claim for asylum was rejected.

(3)The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a dependant of a person for whom facilities may be provided under subsection (2).

(4)The following expressions have the same meaning in this section as in Part VI of this Act (as defined in section 94)—

(a)asylum-seeker,

(b)claim for asylum, and

(c)dependant.

(2)The present section 4 of the Immigration and Asylum Act 1999 (c. 33) becomes subsection (1) (and its heading becomes “ Accommodation ”).

50 Conditions of supportU.K.

(1)The following shall be inserted after section 95(9) of the Immigration and Asylum Act 1999 (support for asylum-seeker: condition)—

(9A)A condition imposed under subsection (9) may, in particular, relate to—

(a)any matter relating to the use of the support provided, or

(b)compliance with a restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).

(2)The following shall be inserted after paragraph 6 of Schedule 9 to that Act (asylum-seeker: interim support)—

6AThe regulations may, in particular, require support to be provided subject to a condition of compliance with any restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary admission or release from detention) or paragraph 2 or 5 of Schedule 3 to that Act (restriction pending deportation).

Prospective

51 Choice of form of supportU.K.

(1)The Secretary of State may refuse to provide support for a person under a provision specified in subsection (2) on the grounds that an offer has been made to the person of support under another provision specified in that subsection.

(2)The provisions are—

(a)sections 17 and 24 of this Act,

(b)section 4 of the Immigration and Asylum Act 1999 (accommodation for person temporarily admitted or released from detention), and

(c)sections 95 and 98 of that Act (support for destitute asylum-seeker).

(3)In deciding under which of the provisions listed in subsection (2) to offer support to a person the Secretary of State may—

(a)have regard to administrative or other matters which do not concern the person’s personal circumstances;

(b)regard one of those matters as conclusive;

(c)apply different criteria to different persons for administrative reasons (which may include the importance of testing the operation of a particular provision).

52 Back-dating of benefit for refugeeU.K.

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

53 Asylum-seeker: appeal against refusal to supportU.K.

The following shall be substituted for section 103 of the Immigration and Asylum Act 1999 (asylum support appeal)—

103 Appeals: general

(1)This section applies where a person has applied for support under—

(a)section 95,

(b)section 17 of the Nationality, Immigration and Asylum Act 2002, or

(c)both.

(2)The person may appeal to an adjudicator against a decision that the person is not qualified to receive the support for which he has applied.

(3)The person may also appeal to an adjudicator against a decision to stop providing support under a provision mentioned in subsection (1).

(4)But subsection (3) does not apply—

(a)to a decision to stop providing support under one of the provisions mentioned in subsection (1) if it is to be replaced immediately by support under the other provision, or

(b)to a decision taken on the ground that the person is no longer an asylum-seeker or the dependant of an asylum-seeker.

(5)On an appeal under this section an adjudicator may—

(a)require the Secretary of State to reconsider a matter;

(b)substitute his decision for the decision against which the appeal is brought;

(c)dismiss the appeal.

(6)An adjudicator must give his reasons in writing.

(7)If an appeal under this section is dismissed the Secretary of State shall not consider any further application by the appellant for support under a provision mentioned in subsection (1)(a) or (b) unless the Secretary of State thinks there has been a material change in circumstances.

(8)An appeal under this section may not be brought or continued by a person who is outside the United Kingdom.

103A Appeals: location of support under section 95

(1)The Secretary of State may by regulations provide for a decision as to where support provided under section 95 is to be provided to be appealable to an adjudicator under this Part.

(2)Regulations under this section may provide for a provision of section 103 to have effect in relation to an appeal under the regulations with specified modifications.

103B Appeals: travelling expenses

The Secretary of State may pay reasonable travelling expenses incurred by an appellant in connection with attendance for the purposes of an appeal under or by virtue of section 103 or 103A.

54 Withholding and withdrawal of supportU.K.

Schedule 3 (which makes provision for support to be withheld or withdrawn in certain circumstances) shall have effect.

Commencement Information

I9S. 54 wholly in force at 8.1.2003; s. 54 not in force at Royal Assent see s. 162(2); s. 54 in force at 8.12.2002 for certain purposes and at 8.1.2003 so far as not already in force by S.I. 2002/2811, art. 2, Sch.

55 Late claim for asylum: refusal of supportU.K.

(1)The Secretary of State may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (2) if—

(a)the person makes a claim for asylum which is recorded by the Secretary of State, and

(b)the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.

(2)The provisions are—

(a)sections 4, 95 and 98 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker, &c.), and

(b)sections 17 and 24 of this Act (accommodation centre).

(3)An authority may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (4) if—

(a)the person has made a claim for asylum, and

(b)the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.

(4)The provisions are—

(a)section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (accommodation pending review),

(b)section 188(3) or 204(4) of the Housing Act 1996 (c. 52) (accommodation pending review or appeal), F29...

(c)section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being) [F30, and

(d)section 1 of the Localism Act 2011 (local authority’s general power of competence)]

(5)This section shall not prevent—

(a)the exercise of a power by the Secretary of State to the extent necessary for the purpose of avoiding a breach of a person’s Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)),

(b)the provision of support under section 95 of the Immigration and Asylum Act 1999 (c. 33) or section 17 of this Act in accordance with section 122 of that Act (children), or

(c)the provision of support under section 98 of the Immigration and Asylum Act 1999 or section 24 of this Act (provisional support) to a person under the age of 18 and the household of which he forms part.

(6)An authority which proposes to provide or arrange for the provision of support to a person under a provision mentioned in subsection (4)—

(a)must inform the Secretary of State if the authority believes that the person has made a claim for asylum,

(b)must act in accordance with any guidance issued by the Secretary of State to determine whether subsection (3) applies, and

(c)shall not be prohibited from providing or arranging for the provision of support if the authority has complied with paragraph (a) and (b) and concluded that subsection (3) does not apply.

(7)The Secretary of State may by order—

(a)add, remove or amend an entry in the list in subsection (4);

(b)provide for subsection (3) not to have effect in specified cases or circumstances.

(8)An order under subsection (7)—

(a)may include transitional, consequential or incidental provision,

(b)must be made by statutory instrument, and

(c)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(9)For the purposes of this section “claim for asylum” has the same meaning as in section 18.

(10)A decision of the Secretary of State that this section prevents him from providing or arranging for the provision of support to a person is not a decision that the person does not qualify for support for the purpose of section 103 of the Immigration and Asylum Act 1999 (appeals).

(11)This section does not prevent a person’s compliance with a residence restriction imposed in reliance on section 70 (induction).

Textual Amendments

Modifications etc. (not altering text)

56 Provision of support by local authorityU.K.

(1)Section 99 of the Immigration and Asylum Act 1999 (provision of support by local authority) shall be amended as follows.

(2)In subsection (1)—

(a)after “local authority” insert “ or Northern Ireland authority ”, and

(b)at the end add “ or 98 ”.

(3)For subsections (2) and (3) substitute—

(2)Support may be provided by an authority in accordance with arrangements made with the authority or with another person.

(3)Support may be provided by an authority in accordance with arrangements made under section 95 only in one or more of the ways mentioned in section 96(1) and (2).

(4)In subsection (4)—

(a)for “A local authority” substitute “ An authority ”, and

(b)at the end add “ or 98 ”.

(5)In subsection (5)—

(a)for “a local authority” substitute “ an authority ”, and

(b)in paragraph (b) for “bodies who are not local authorities” substitute “ other bodies ”.

57 Application for support: false or incomplete informationU.K.

At the end of paragraph 12(c) of Schedule 8 to the Immigration and Asylum Act 1999 (c. 33) (asylum-seeker support: procedure: disregarding of application) there shall be inserted “ (which may, in particular, provide for an application not to be entertained where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (d)) ”.

58 Voluntary departure from United KingdomU.K.

(1)A person is a “voluntary leaver” for the purposes of this section if—

(a)he is not a British citizen or an EEA national,

(b)he leaves the United Kingdom for a place where he hopes to take up permanent residence (his “new place of residence”), and

(c)the Secretary of State thinks that it is in the person’s interest to leave the United Kingdom and that the person wishes to leave.

(2)The Secretary of State may make arrangements to—

(a)assist voluntary leavers;

(b)assist individuals to decide whether to become voluntary leavers.

(3)The Secretary of State may, in particular, make payments (whether to voluntary leavers or to organisations providing services for them) which relate to—

(a)travelling and other expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, in leaving the United Kingdom;

(b)expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, on or shortly after arrival in his new place of residence;

(c)the provision of services designed to assist a voluntary leaver, or a member of his family or household, to settle in his new place of residence;

(d)expenses in connection with a journey undertaken by a person (with or without his family or household) to prepare for, or to assess the possibility of, his becoming a voluntary leaver.

(4)In subsection (1)(a) “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time).

(5)The following provisions of the Immigration Act 1971 (c. 77) shall cease to have effect—

(a)section 29 (contributions to expenses of persons returning abroad), and

(b)section 31(d) (expenses).

59 International projectsU.K.

(1)The Secretary of State may participate in a project which is designed to—

(a)reduce migration,

(b)assist or ensure the return of migrants,

(c)facilitate co-operation between States in matters relating to migration,

(d)conduct or consider research about migration, or

(e)arrange or assist the settlement of migrants (whether in the United Kingdom or elsewhere).

(2)In particular, the Secretary of State may—

(a)provide financial support to an international organisation which arranges or participates in a project of a kind described in subsection (1);

(b)provide financial support to an organisation in the United Kingdom or another country which arranges or participates in a project of that kind;

(c)provide or arrange for the provision of financial or other assistance to a migrant who participates in a project of that kind;

(d)participate in financial or other arrangements which are agreed between Her Majesty’s Government and the government of one or more other countries and which are or form part of a project of that kind.

(3)In this section—

(a)migrant” means a person who leaves the country where he lives hoping to settle in another country (whether or not he is a refugee within the meaning of any international Convention), and

(b)migration” shall be construed accordingly.

(4)Subsection (1) does not—

(a)confer a power to remove a person from the United Kingdom, or

(b)affect a person’s right to enter or remain in the United Kingdom.

60 Northern Ireland authoritiesU.K.

(1)In section 110(9) of the Immigration and Asylum Act 1999 (c. 33) (support: payment to local authority: Northern Ireland authority) after paragraph (b) there shall be added— ; or

(c)a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1).

(2)In section 94(1) of that Act (support: interpretation) after the definition of “local authority” there shall be inserted—

Northern Ireland authority” has the meaning given by section 110(9).

61 Repeal of spent provisionsU.K.

The following provisions of the Immigration and Asylum Act 1999 shall cease to have effect—

(a)section 96(4) to (6)(which relate to a provision about support for asylum-seekers which has been repealed by order), and

(b)section 166(4)(e)(order under section 96(5): procedure).

Part 4F258U.K.Detention and Removal

DetentionF258U.K.

62 Detention by Secretary of StateU.K.

(1)A person may be detained under the authority of the Secretary of State pending—

(a)a decision by the Secretary of State whether to give directions in respect of the person under [F31section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or] paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or

(b)removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those [F32provisions].

(2)Where the Secretary of State is empowered under section 3A of [F33the Immigration Act 1971] (powers of Secretary of State) to examine a person or to give or refuse a person leave to enter the United Kingdom, the person may be detained under the authority of the Secretary of State pending—

(a)the person’s examination by the Secretary of State,

(b)the Secretary of State’s decision to give or refuse the person leave to enter,

(c)a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or

(d)removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.

(3)A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall apply to a person who is detained or liable to detention under this section: and for that purpose—

(a)a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,

[F34(aa)a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,]

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(c)a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.

F36(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A power under this section which is exercisable pending a decision of a particular kind by the Secretary of State is exercisable where the Secretary of State has reasonable grounds to suspect that he may make a decision of that kind.

[F38(7A)The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.]

(8)At the end of section 11(1) of the Immigration Act 1971 (c. 77) (person not deemed to have entered United Kingdom while detained, &c.) there shall be inserted “or section 62 of the Nationality, Immigration and Asylum Act 2002”.

(9)In section 24(1)(e) of the Immigration Act 1971 (offence: failure to comply with restriction) for “or to an immigration officer” there shall be substituted “, to an immigration officer or to the Secretary of State”.

(10)In the Mental Health Act 1983 (c. 20)—

(a)at the end of section 48(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and

(b)in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

(11)In the Mental Health (Scotland) Act 1984 (c. 36)—

(a)at the end of section 71(2)(c) (detained persons who may be transferred to hospital for mental treatment) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”, and

(b)at the end of section 74(1)(b) (further provision about such persons) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”.

(12)In the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))—

(a)at the end of Article 54(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and

(b)in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

(13)Section 53 of the Immigration and Asylum Act 1999 (c. 33) (bail) shall be amended as follows—

(a)at the end of subsection (1) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”, and

(b)at the end of subsection (3)(a) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”.

(14)In section 147 of that Act (detention centres: interpretation) at the end of the definition of “detained persons” there shall be inserted “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);”.

(15)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Words in s. 62(1)(a) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(a)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F32Word in s. 62(1)(b) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(a)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F33Words in s. 62(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F35S. 62(3)(b) omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 34(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F36S. 62(4) omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 34(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F37S. 62(5)(6) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(2)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F39S. 62(15)(16) repealed (14.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 16(2)(3)(4)

63 Control of entry to United Kingdom, &c.: use of forceU.K.

In paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: person liable to detention: use of force) for “if need be by force” there shall be substituted “ if need be by reasonable force ”.

64 EscortsU.K.

The following shall be added after paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (detention for examination or removal: right to enter premises)—

(3)Sub-paragraph (4) applies where an immigration officer or constable—

(a)enters premises in reliance on a warrant under sub-paragraph (2), and

(b)detains a person on the premises.

(4)A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.

(5)In sub-paragraph (4)—

65 Detention centres: custodial functionsU.K.

(1)The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (power to confer functions of detainee custody officers on prison officers and prisoner custody officers)—

(5)The Secretary of State may confer functions of detainee custody officers on prison officers or prisoner custody officers.

(2)The following shall be added at the end of Schedule 11 to that Act (detainee custody officers)—

Prison officers and prisoner custody officers

8A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.

(3)The following shall be added at the end of Schedule 12 to that Act (discipline at detention centre)—

Prison officers and prisoner custody officers

9A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.

66 Detention centres: change of nameU.K.

(1)In section 147 of the Immigration and Asylum Act 1999 (c. 33) (Part VIII: interpretation)—

(a)the definition of “detention centre” shall cease to have effect, and

(b)the following shall be inserted after the definition of “prisoner custody officer”—

removal centre” means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, a prison or part of a prison;.

(2)In the provisions listed in subsection (3) (and any relevant headings)—

(a)for the words “detention centre” there shall be substituted the words “ removal centre ”, and

(b)for the words “detention centres” there shall be substituted the words “ removal centres ”.

(3)The provisions are—

(a)in section 147 of the Immigration and Asylum Act 1999 (Part VIII: interpretation), the definitions of “contracted out detention centre”, “contractor”, “custodial functions”, “detention centre contract”, “detention centre rules”, and “directly managed detention centre”,

(b)section 148 of that Act (management of centre),

(c)sections 149 and 150 of that Act (contracting out),

(d)section 151 of that Act (intervention by Secretary of State),

(e)section 152 of that Act (visiting committee),

(f)section 153 of that Act (rules),

(g)section 155 of that Act (custodial functions),

(h)section 157 of that Act (short-term holding facility),

(i)section 158 of that Act (disclosure of information),

(j)section 159 of that Act (power of constable),

(k)Schedule 11 to that Act (detainee custody officer),

(l)Schedule 12 to that Act (procedure at detention centre),

(m)Schedule 13 to that Act (escort),

(n)section 141(5)(e) and (6) of that Act (fingerprinting),

(o)section 5A(5A) of the Prison Act 1952 (c. 52) (Chief Inspector of Prisons), and

(p)paragraph 13 of Schedule 4A to the Water Industry Act 1991 (c. 56) (disconnection).

(4)A reference in an enactment or instrument to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) shall be construed as a reference to a removal centre within the meaning of that Part.

67 Construction of reference to person liable to detentionU.K.

(1)This section applies to the construction of a provision which—

(a)does not confer power to detain a person, but

(b)refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.

(2)The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that—

(a)he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement,

(b)practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or

(c)practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.

(3)This section shall be treated as always having had effect.

Temporary releaseF258U.K.

F4068 BailU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40Ss. 68, 69 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 35; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F4069 Reporting restriction: travel expensesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40Ss. 68, 69 omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 35; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

70 InductionU.K.

(1)A residence [F41condition] may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if—

(a)it requires him to reside at a specified location for a period not exceeding 14 days, and

(b)the person imposing the residence [F41condition] believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.

[F42(2)In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.]

(3)In this section—

(4)Regulations under subsection (3)—

(a)may make different provision for different circumstances,

(b)must be made by statutory instrument, and

(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence [F43conditions]).

(6)A local authority may arrange for or participate in the provision of the programme or other facilities.

(7)In particular, a local authority may—

(a)incur reasonable expenditure;

(b)provide services outside its area;

(c)provide services jointly with another body;

(d)form a company;

(e)tender for or enter into a contract;

(f)do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

(8)In this section “local authority” means—

(a)a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

(b)a Northern Ireland authority within the meaning of section 110 of that Act.

Textual Amendments

F41Words in s. 70(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(2); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F42S. 70(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(3); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F43Word in s. 70(5) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 36(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

71 Asylum-seeker: residence, &c. restrictionU.K.

(1)This section applies to—

(a)a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

(b)a dependant of a person within paragraph (a).

(2)The Secretary of State or an immigration officer may impose on a person to whom this section applies any [F44condition which may be imposed under Schedule 10 to the Immigration Act 2016] on a person liable to detention under paragraph 16 of [F45Schedule 2 to the Immigration Act 1971].

(3)Where a [F46condition] is imposed on a person under subsection (2)—

(a)the [F46condition] shall be treated for all purposes as a [F46condition] imposed under [F47Schedule 10 to the Immigration Act 2016], and

(b)if the person fails to comply with the [F46condition] he shall be liable to detention under paragraph 16 of [F48Schedule 2 to the Immigration Act 1971].

(4)A [F49condition] imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.

(5)In this section—

(6)Regulations under subsection (5)—

(a)may make different provision for different circumstances,

(b)must be made by statutory instrument, and

(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F44Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F45Words in s. 71(2) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(2)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F46Word in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F47Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(b); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F48Words in s. 71(3) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(3)(c); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F49Word in s. 71(4) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 37(4); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

RemovalF258U.K.

72 Serious criminalU.K.

(1)This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from protection).

(2)A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if he is—

(a)convicted in the United Kingdom of an offence, and

(b)sentenced to a period of imprisonment of at least two years.

(3)A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if—

(a)he is convicted outside the United Kingdom of an offence,

(b)he is sentenced to a period of imprisonment of at least two years, and

(c)he could have been sentenced to a period of imprisonment of at least two years had his conviction been a conviction in the United Kingdom of a similar offence.

(4)A person shall be presumed to have been convicted by a final judgment of a particularly serious crime and to constitute a danger to the community of the United Kingdom if—

(a)he is convicted of an offence specified by order of the Secretary of State, or

(b)he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).

(5)An order under subsection (4)—

(a)must be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)A presumption under subsection (2), (3) or (4) that a person constitutes a danger to the community is rebuttable by that person.

(7)A presumption under subsection (2), (3) or (4) does not apply while an appeal against conviction or sentence—

(a)is pending, or

(b)could be brought (disregarding the possibility of appeal out of time with leave).

(8)Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption mentioned in subsection (6) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.

(9)Subsection (10) applies where—

(a)a person appeals under section 82 F50... of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) wholly or partly on the ground [F51mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and]

(b)the Secretary of State issues a certificate that presumptions under subsection (2), (3) or (4) apply to the person (subject to rebuttal).

(10)The F52. . . Tribunal or Commission hearing the appeal—

(a)must begin substantive deliberation on the appeal by considering the certificate, and

(b)if in agreement that presumptions under subsection (2), (3) or (4) apply (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).

[F53(10A)Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.]

(11)For the purposes of this section—

(a)the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

(b)a reference to a person who is sentenced to a period of imprisonment of at least two years—

(i)does not include a reference to a person who receives a suspended sentence [F54(unless a court subsequently orders that the sentence or any part of it is to take effect)] ,

[F55(ia)does not include a reference to a person who is sentenced to a period of imprisonment of at least two years only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than two years,]

(ii)includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and

(iii)includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for two years).

Textual Amendments

F50Words in s. 72(9)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 31(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F51Words in s. 72(9)(a) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 31(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F54Words in s. 72(11)(b)(i) substituted (1.8.2008) by UK Borders Act 2007 (c. 30), ss. 39(2), 59(2); S.I. 2008/1818, art. 2(b)

F55S. 72(11)(b)(ia) inserted (1.8.2008) by UK Borders Act 2007 (c. 30), ss. 39(3), 59(2); S.I. 2008/1818, art. 2(b)

Modifications etc. (not altering text)

C3S. 72(10)(a) restricted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 55(3)(5), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Commencement Information

I10S. 72 wholly in force at 1.4.2003; s. 72 not in force at Royal Assent see s. 162(2); s. 72(1)-(8)(11) in force at 10.2.2003 by S.I. 2003/1, art. 2, Sch.; s. 72(9)(10) in force at 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1

73 FamilyU.K.

(1)The following shall be inserted after paragraph 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal)—

10AWhere directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.

F56(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: detention) for the words “8 to 10” there shall be substituted “ 8 to 10A ”.

Textual Amendments

F56S. 73(2)-(4) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F5774 DeceptionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57S. 74 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

75 Exemption from deportationU.K.

(1)Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows.

(2)Subsection (1)(a) (which is redundant) shall cease to have effect.

(3)The following shall be substituted for subsection (1)(b)—

(b)shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;.

F58(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58S. 75(4) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

76 Revocation of leave to enter or remainU.K.

(1)The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person—

(a)is liable to deportation, but

(b)cannot be deported for legal reasons.

(2)The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if—

(a)the leave was obtained by deception,

F59(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person, or someone of whom he is a dependant, ceases to be a refugee as a result of—

(a)voluntarily availing himself of the protection of his country of nationality,

(b)voluntarily re-acquiring a lost nationality,

(c)acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or

(d)voluntarily establishing himself in a country in respect of which he was a refugee.

(4)In this section—

(5)A power under subsection (1) or (2) to revoke leave may be exercised—

(a)in respect of leave granted before this section comes into force;

(b)in reliance on anything done before this section comes into force.

(6)A power under subsection (3) to revoke leave may be exercised—

(a)in respect of leave granted before this section comes into force, but

(b)only in reliance on action taken after this section comes into force.

F61(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59S. 76(2)(b)(c) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F60Words in s. 76(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(3)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F61S. 76(7) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

77 No removal while claim for asylum pendingU.K.

(1)While a person’s claim for asylum is pending he may not be—

(a)removed from the United Kingdom in accordance with a provision of the Immigration Acts, or

(b)required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

(2)In this section—

(a)claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and

(b)a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.

(3)In subsection (2) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.

(4)Nothing in this section shall prevent any of the following while a claim for asylum is pending—

(a)the giving of a direction for the claimant’s removal from the United Kingdom,

(b)the making of a deportation order in respect of the claimant, or

(c)the taking of any other interim or preparatory action.

(5)Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.

Modifications etc. (not altering text)

C4S. 77 excluded by 1999 c. 33, s. 11(2) (as substituted (1.4.2003) by 2002 c. 41, ss. 80, 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with Sch. 2 paras. 5, 6(3))

S. 77 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(2) (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

S. 77 restricted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 33, 48(1)-(3), Sch. 3 paras. {4}, {9}, {14}, {18}; S.I. 2004/2523, art. 2, Sch. (with art. 3)

78 No removal while appeal pendingU.K.

(1)While a person’s appeal under section 82(1) is pending he may not be—

(a)removed from the United Kingdom in accordance with a provision of the Immigration Acts, or

(b)required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

(2)In this section “pending” has the meaning given by section 104.

(3)Nothing in this section shall prevent any of the following while an appeal is pending—

(a)the giving of a direction for the appellant’s removal from the United Kingdom,

(b)the making of a deportation order in respect of the appellant (subject to section 79), or

(c)the taking of any other interim or preparatory action.

(4)This section applies only to an appeal brought while the appellant is in the United Kingdom in accordance with section 92.

Modifications etc. (not altering text)

C5S. 78 applied (with modifications) by 1997 c. 68, s. 2(2)(b) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

S. 78 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(3) (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[F6278ARestriction on removal of children and their parents etcU.K.

(1)This section applies in a case where—

(a)a child is to be removed from or required to leave the United Kingdom, and

(b)an individual who—

(i)is a parent of the child or has care of the child, and

(ii)is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

(2)During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—

(a)the child may not be removed from or required to leave the United Kingdom; and

(b)a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

(3)The relevant appeal rights are exhausted at the time when—

(a)neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b)no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

(4)Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—

(a)the giving of a direction for the removal of a person from the United Kingdom,

(b)the making of a deportation order in respect of a person, or

(c)the taking of any other interim or preparatory action.

(5)In this section—

Textual Amendments

79 Deportation order: appealU.K.

(1)A deportation order may not be made in respect of a person while an appeal under section 82(1) [F63that may be brought or continued from within the United Kingdom relating to] the decision to make the order—

(a)could be brought (ignoring any possibility of an appeal out of time with permission), or

(b)is pending.

(2)In this section “pending” has the meaning given by section 104.

[F64(3)This section does not apply to a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007.

(4)But a deportation order made in reliance on subsection (3) does not invalidate leave to enter or remain, in accordance with section 5(1) of the Immigration Act 1971, if and for so long as section 78 above applies.]

Textual Amendments

F64S. 79(3)(4) added (1.8.2008 for specified purposes) by UK Borders Act 2007 (c. 30), ss. 35(2), 59(2); S.I. 2008/1818, art. 2(a), Sch.

Modifications etc. (not altering text)

C6S. 79 applied (with modifications) by 1997 c. 68, s. 2(2)(c) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

S. 79 extended (14.3.2003) by The Nationality Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, Sch. 2 para. 1(4) (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

80 Removal of asylum-seeker to third countryU.K.

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5F258U.K.[F66Appeals in respect of Protection and Human Rights Claims]

Textual Amendments

F66Pt. 5 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 33; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C7Pt. 5: power to modify conferred (22.11.2018) by Sanctions and Anti-Money Laundering Act 2018 (c. 13), ss. 48(4)(c), 64(2) (with ss. 52(3), 53, 58); S.I. 2018/1213, reg. 2(b)

[F67Appeal to Tribunal]F258U.K.

Textual Amendments

F67S. 81 and preceding cross-heading substituted (4.4.2005) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(1), 48(1)-(3) (with transitional provisions in Sch. 2); S.I. 2005/565, art. 2 (with savings in arts. 3-9)

[F6881Meaning of “the TribunalU.K.

In this Part “the Tribunal” means the First-tier Tribunal.]

[F6982 Right of appeal to the TribunalU.K.

(1)A person (“P”) may appeal to the Tribunal where—

(a)the Secretary of State has decided to refuse a protection claim made by P,

(b)the Secretary of State has decided to refuse a human rights claim made by P, or

(c)the Secretary of State has decided to revoke P's protection status.

(2)For the purposes of this Part—

(a)a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—

(i)would breach the United Kingdom's obligations under the Refugee Convention, or

(ii)would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

(b)P's protection claim is refused if the Secretary of State makes one or more of the following decisions—

(i)that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;

(ii)that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

(c)a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;

(d)humanitarian protection” is to be construed in accordance with the immigration rules;

(e)refugee” has the same meaning as in the Refugee Convention.

(3)The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.]

Textual Amendments

F69S. 82 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(2), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C8Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

F7083 Appeal: asylum claimU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70S. 83 repealed (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(3), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F7183AAppeal: variation of limited leaveU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71S. 83A repealed (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(3), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

[F7284 Grounds of appealU.K.

(1)An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds—

(a)that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention;

(b)that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

(c)that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(2)An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.

(3)An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds—

(a)that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention;

(b)that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.]

Textual Amendments

F72S. 84 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(4), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C9S. 84 applied (with modifications) by 1997 c. 68, s. 2(2)(e) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

85 Matters to be consideredU.K.

(1)An appeal under section 82(1) against a decision shall be treated by [F73the Tribunal] as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).

(2)If an appellant under section 82(1) makes a statement under section 120, [F73the Tribunal] shall consider any matter raised in the statement which constitutes a ground of appeal of a kind listed in section [F7484] against the decision appealed against.

(3)Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.

(4)On an appeal under section 82(1) F75... against a decision [F76the Tribunal] may consider F77... any matter which [F78it] thinks relevant to the substance of the decision, including F79... a matter arising after the date of the decision.

[F80(5)But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.

(6)A matter is a “new matter” if—

(a)it constitutes a ground of appeal of a kind listed in section 84, and

(b)the Secretary of State has not previously considered the matter in the context of—

(i)the decision mentioned in section 82(1), or

(ii)a statement made by the appellant under section 120.]

Textual Amendments

F74Word in s. 85(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F75Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F77Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F79Words in s. 85(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 34(b)(iii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F80S. 85(5)(6) substituted for s. 85(5) (20.10.2014) by Immigration Act 2014 (c. 22), ss. 15(5), 75(3); S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C11S. 85 applied (with modifications) by 1997 c. 68, s. 2(2)(f) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

C12S. 85(2) applied (with modifications) by S.I. 2006/1003, Sch. 2 para. 4(10) (as substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b))

C13S. 85(2)(6)(a) applied (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), reg. 1(2)(b), Sch. 2 para. 2(4)

C14S. 85(4) applied (with modifications) by 1997 c. 68, s. 2(3)(a) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

F8185AMatters to be considered: new evidence: exceptionsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81S. 85A repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 35; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

86 Determination of appealU.K.

(1)This section applies on an appeal under section 82(1) F82...

(2)[F83The Tribunal] must determine—

(a)any matter raised as a ground of appeal F84..., and

(b)any matter which section 85 requires [F85it] to consider.

F86(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82Words in s. 86(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 36(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F84Words in s. 86(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 36(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F86S. 86(3)-(6) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 36(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C15S. 86 applied (with modifications) by 1997 c. 68, s. 2(2)(g)(3)(b) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

Ss. 85-87 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

F8787 Successful appeal: directionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 87-91 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 37; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Exceptions and limitationsF258U.K.

F8788 IneligibilityU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 87-91 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 37; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F8788AEntry clearanceU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 87-91 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 37; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F8789Refusal of leave to enterU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87Ss. 87-91 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 37; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F8890 Non-family visitorU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))

F8891 StudentU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))

[F8992 Place from which an appeal may be brought or continuedU.K.

(1)This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.

(2)In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—

(a)the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country), or

(b)paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies.

Otherwise, the appeal must be brought from within the United Kingdom.

(3)In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—

(a)the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country) or section 94B (certification of human rights claims F90...), or

(b)paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies.

Otherwise, the appeal must be brought from within the United Kingdom.

(4)In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.

(5)In the case of an appeal under section 82(1)(c) (revocation of protection status)—

(a)the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;

(b)the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.

(6)If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section 94(1) or (7) or section 94B, the appeal must be continued from outside the United Kingdom.

(7)Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.

(8)Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section 94(1) or (7) or section 94B.]

Textual Amendments

F89S. 92 substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 17(2), 75(3); S.I. 2014/2771, art. 2(c) (with arts. 9-11, 15) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F90Words in s. 92(3)(a) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(6), 94(1); S.I. 2016/1037, reg. 5(h)

Modifications etc. (not altering text)

C16Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

F9193 Appeal from within United Kingdom: “third country” removalU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94 Appeal from within United Kingdom: unfounded human rights or [F92protection] claimU.K.

[F93(1)The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.]

(3)If the Secretary of State is satisfied that [F94a] claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under [F95subsection (1)] unless satisfied that it is not clearly unfounded.

(4)Those States are—

(a)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F97(k)the Republic of Albania,

(l)F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)Jamaica,

(o)Macedonia,

(p)the Republic of Moldova, and

(q)F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F100(r)F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s)Bolivia,

(t)Brazil,

(u)Ecuador,

(v)F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(w)South Africa, and

(x)Ukraine.]

[F103(y)India.]

[F104(z)Mongolia,

(aa)Ghana (in respect of men),

(bb)Nigeria (in respect of men).]

[F105(cc)Bosnia-Herzegovina,

(dd)Gambia (in respect of men),

(ee)Kenya (in respect of men),

(ff)Liberia (in respect of men),

(gg)Malawi (in respect of men),

(hh)Mali (in respect of men),

(ii)Mauritius,

(jj)Montenegro,

(kk)Peru,

(ll)Serbia,

(mm)Sierra Leone (in respect of men).]

[F106(nn)Kosovo,

(oo)South Korea.]

(5)The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—

(a)there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and

(b)removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

[F107(5A)If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.

(5B)Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).

(5C)A description for the purposes of subsection (5A) may refer to—

(a)gender,

(b)language,

(c)race,

(d)religion,

(e)nationality,

(f)membership of a social or other group,

(g)political opinion, or

(h)any other attribute or circumstance that the Secretary of State thinks appropriate.

[F108(5D)In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –

(a)shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and

(b)shall have regard to information from any appropriate source (including other member States and international organisations).]]

[F109(6)The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—

(a)general, or

(b)effected so that the State or part remains listed in respect of a description of person.]

[F110(6A)Subsection (3) shall not apply in relation to [F111a] claimant who—

(a)is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),

(b)is in custody pursuant to arrest under section 5 of that Act,

(c)is the subject of a provisional warrant under section 73 of that Act,

(d)is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or

(e)is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.]

(7)[F112The Secretary of State may certify a protection claim or human rights claim made by a person if]

(a)it is proposed to remove the person to a country of which he is not a national or citizen, and

(b)there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.

(8)In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—

(a)a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and

(b)a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention [F113or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection] .

F114(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92Word in s. 94 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F93S. 94(1) substituted for s. 94(1)-(2) (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F94Word in s. 94(3) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F95Words in s. 94(3) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F99S. 94(4)(m) omitted (27.7.2007) by virtue of The Asylum (Designated States) Order 2007 (S.I. 2007/2221), art. 3 (with art. 1)

F106S. 94(4)(nn)(oo) inserted (3.3.2010) by The Asylum (Designated States) Order 2010 (S.I. 2010/561), arts. 2, 3 (with art. 2)

F111Word in s. 94(6A) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F112Words in s. 94(7) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(6); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F113Words in s. 94(8)(b) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(7); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F114S. 94(9) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 38(8); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C17Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

Commencement Information

I11S. 94 wholly in force at 1.4.2003; s. 94 not in force at Royal Assent see s. 162(2); s. 94(5) in force for certain purposes at 10.2.2003 by S.I. 2003/249, art. 2, Sch.; s. 94 in force at 1.4.2003 insofar as not already in force by virtue of S.I. 2003/754, art. 2, Sch. 1

[F11594AEuropean Common List of Safe Countries of OriginU.K.

(1)The Secretary of State shall by order prescribe a list of States to be known as the “European Common List of Safe Countries of Origin”.

(2)Subsections (3) and (4) apply where a person makes [F116a protection claim] or a human rights claim (or both) and that person is –

(a)a national of a State which is listed in the European Common List of Safe Countries of Origin, or

(b)a Stateless person who was formerly habitually resident in such a State.

(3)The Secretary of State shall consider the claim or claims mentioned in subsection (2) to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the person mentioned in that subsection.

(4)The Secretary of State shall also certify the claim or claims mentioned in subsection (2) under section [F11794(1)] unless satisfied that the claim or claims is or are not clearly unfounded.

(5)An order under subsection (1) –

(a)may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom's obligations under [F118EU] law,

(b)may include transitional, consequential or incidental provision,

(c)shall be made by statutory instrument, and

(d)shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F116Words in s. 94A(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 39(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F117Word in s. 94A(4) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 39(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

[F11994BAppeal from within the United Kingdom: certification of human rights claims F120...U.K.

(1)This section applies where a human rights claim has been made by a person (“P”) F121...

(2)The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, [F122refusing P entry to, removing P from or requiring P to leave the United Kingdom] , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(3)The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if [F123refused entry to, removed from or required to leave the United Kingdom] .]

Textual Amendments

F120Words in s. 94B heading omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(2), 94(1); S.I. 2016/1037, reg. 5(h)

F121Words in s. 94B(1) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 63(3), 94(1); S.I. 2016/1037, reg. 5(h)

F122Words in s. 94B(2) substituted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 63(4), 94(1); S.I. 2016/1037, reg. 5(h)

F123Words in s. 94B(3) substituted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 63(5), 94(1); S.I. 2016/1037, reg. 5(h)

F12495 Appeal from outside United Kingdom: removalU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124S. 95 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 40; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

[F12596 Earlier right of appealU.K.

(1)[F126A person may not bring an appeal under section 82 against a decision (“the new decision”)] if the Secretary of State or an immigration officer certifies—

(a)that the person was notified of a right of appeal under that section against another F127... decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),

(b)that the claim or application to which the new decision relates relies on a[F128ground]that could have been raised in an appeal against the old decision, and

(c)that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that [F129ground] not having been raised in an appeal against the old decision.

[F130(2)A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—

(a)that the person has received a notice under section 120(2),

(b)that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2) or (5), and

(c)that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in a statement under section 120(2) or (5).]

(4)In subsection (1) “notified” means notified in accordance with regulations under section 105.

(5)[F131Subsections (1) and (2) apply to prevent] a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed.

(6)In this section a reference to an appeal under section 82(1) includes a reference to an appeal under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) which is or could be brought by reference to an appeal under section 82(1).

[F132(7)A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.]]

Textual Amendments

F126Words in s. 96(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F127Word in s. 96(1)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F128Word in s. 96(1)(b) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F129Word in s. 96(1)(c) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(2)(d); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F130S. 96(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 41(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C18S. 96 applied (with modifications) by 1997 c. 68, s. 2(2)(i) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), art. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040 and S.I. 2003/1339))

97 National security, &c.U.K.

(1)An appeal under section 82(1) F133... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken—

(a)by the Secretary of State wholly or partly on a ground listed in subsection (2), or

(b)in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2).

(2)The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the United Kingdom is—

(a)in the interests of national security, or

(b)in the interests of the relationship between the United Kingdom and another country.

(3)An appeal under section 82(1) F134... against a decision may not be brought or continued if the Secretary of State certifies that the decision is or 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.

(4)In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.

Textual Amendments

F133Words in s. 97(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 42(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F134Words in s. 97(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 42(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C20Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

[F13597ANational security: deportationU.K.

(1)This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.

[F136(1A)This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.]

(2)Where this section applies—

(a)section 79 shall not apply,

(b)the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and

[F137(c)section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.]

[F138(2A)The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

(a)against the decision to make the deportation order, or

(b)against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

(2B)Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

(a)to the country or territory to which the person is proposed to be removed, and

(b)despite the appeals process not having been begun or not having been exhausted,

would not [F139be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention)] .

(2C)The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

(a)that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

(b)that the whole or part of any human rights claim made by the person is clearly unfounded.

F140(2D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141(2E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2F)If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

(2G)If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

(2H)The Commission's determination of a review under subsection (2F) is final.

(2J)The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

(2K)Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

(2L)Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.]

F142(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State may repeal this section by order.]

Textual Amendments

F135S. 97A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(1), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F139Words in s. 97A(2B) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F140S. 97A(2D) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F141S. 97A(2E) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F142S. 97A(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 43(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C21S. 97A applied (with modifications) by S.I. 2006/1003, reg. 28A (as inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 24)

C22S. 97A applied (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 39(1)

F14397BVariation of leave on grounds of public good: rights of appeal U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143S. 97B repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 44; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F14498 Other grounds of public goodU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144S. 98 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 45; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

99 [F145Section 97] : appeal in progressU.K.

(1)This section applies where a certificate is issued under section F146... 97 F147... in respect of a pending appeal.

(2)The appeal shall lapse.

Textual Amendments

F145Words in s. 99 heading substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 46(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F146Words in s. 99(1) omitted (8.5.2013) by virtue of Crime and Courts Act 2013 (c. 22), ss. 51(2)(a), 61(2); S.I. 2013/1042, art. 2(i)

F147Words in s. 99(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 46(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C23Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

Appeal from adjudicatorF258U.K.

100 Immigration Appeal TribunalU.K.

[F148(1)There shall continue to be an Immigration Appeal Tribunal.

(2)Schedule 5 (which makes provision about the Tribunal) shall have effect.]

Textual Amendments

F148Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

101 Appeal to TribunalU.K.

[F149(1)A party to an appeal to an adjudicator under section 82 or 83 may, with the permission of the Immigration Appeal Tribunal, appeal to the Tribunal against the adjudicator’s determination on a point of law.

(2)A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law.

(3)Where an application is made under subsection (2)—

(a)it shall be determined by a single judge by reference only to written submissions,

(b)the judge may affirm or reverse the Tribunal’s decision,

(c)the judge’s decision shall be final, and

(d)if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).

(4)The Lord Chancellor may by order repeal subsections (2) and (3).]

Textual Amendments

F149Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

Modifications etc. (not altering text)

C24Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

102 DecisionU.K.

[F150(1)On an appeal under section 101 the Immigration Appeal Tribunal may—

(a)affirm the adjudicator’s decision;

(b)make any decision which the adjudicator could have made;

(c)remit the appeal to an adjudicator;

(d)affirm a direction given by the adjudicator under section 87;

(e)vary a direction given by the adjudicator under that section;

(f)give any direction which the adjudicator could have given under that section.

(2)In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision.

(3)But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement—

(a)subsection (2) shall not apply, and

(b)the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.

(4)In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular—

(a)require the adjudicator to determine the appeal in accordance with directions of the Tribunal;

(b)require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.]

Textual Amendments

F150Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

Modifications etc. (not altering text)

C27Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

S. 102 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

103 Appeal from TribunalU.K.

[F151(1)Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law—

(a)where the original decision of the adjudicator was made in Scotland, to the Court of Session, or

(b)in any other case, to the Court of Appeal.

(2)An appeal under this section may be brought only with the permission of—

(a)the Tribunal, or

(b)if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b).

(3)The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.]

Textual Amendments

F151Ss. 100-103 cease to have effect (4.4.2005) and repealed (prosp.) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26(5)(a), 47, 48(1)-(3), Sch. 4; S.I. 2005/565, art. 2(a) (with savings in arts. 3-9)

Modifications etc. (not altering text)

C28Ss. 101-103 applied (1.4.2003) by S.I. 2000/2326, Sch. 2 (as substituted by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), reg. 2(10) (with transitional provisions in reg. 3))

Ss. 101-103 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))

S. 103 applied (with modifications) (9.6.2003) by S.I. 2003/754, Sch. 2 para. 1(4B)(a) (as amended by The Nationality, Immigration and Asylum Act 2002 (Comencement No. 4) (Amendment) (No. 2) Order 2003 (S.I. 2003/1339), art. 4)

ProcedureF258U.K.

F152103AReview of Tribunal’s decisionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152103BAppeal from Tribunal following reconsiderationU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152103CAppeal from Tribunal instead of reconsiderationU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152103DReconsideration: legal aidU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F152103EAppeal from Tribunal sitting as panelU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104 Pending appealU.K.

(1)An appeal under section 82(1) is pending during the period—

(a)beginning when it is instituted, and

(b)ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

[F153(2)An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

(a)an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

(b)permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or

(c)an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.]

(3)F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F155(4)F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to [F157subsection (4B)] ).

(4B)Subsection (4A) shall not apply to an appeal in so far as it is brought on [F158a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection)] where the appellant—

F159(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)gives notice, in accordance with [F160Tribunal Procedure Rules] , that he wishes to pursue the appeal in so far as it is brought on that ground.

F161(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F162(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F155S. 104(4)-(4C) substituted (13.11.2006) for s. 104(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 9, 62; S.I. 2006/2838, art. 3

F156S. 104(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F157Words in s. 104(4A) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F158Words in s. 104(4B) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F159S. 104(4B)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F161S. 104(4C) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F162S. 104(5) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C29S. 104 applied (with modifications) by 1997 c. 68, s. 2(2)(j) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

105 Notice of immigration decisionU.K.

(1)The Secretary of State may make regulations requiring a person to be given written notice where an [F163appealable] decision is taken in respect of him.

(2)The regulations may, in particular, provide that a notice under subsection (1) of [F164an appealable decision] must state—

(a)that there is a right of appeal under [F165section 82], and

(b)how and when that right may be exercised.

(3)The regulations may make provision (which may include presumptions) about service.

[F166(4)In this section “appealable decision” means a decision mentioned in section 82(1).]

Textual Amendments

F163Word in s. 105(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F164Words in s. 105(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F165Words in s. 105(2)(a) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(3)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F166S. 105(4) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(4); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C30S. 105 applied (with modifications) by 1997 c. 68, s. 2(2)(k) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

106 RulesU.K.

F167(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F168(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F169(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F170(3)In the case of an appeal under section 82 F171... or by virtue of section 109, Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).]

(4)A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with [F172Tribunal Procedure Rules in connection with proceedings under section 82 F173... or by virtue of section 109] to attend before F174. . . the Tribunal—

(a)to give evidence, or

(b)to produce a document.

(5)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F171Words in s. 106(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 49(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F173Words in s. 106(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 49(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C31S. 106 extended by 1981 c. 61, s. 40A(7) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

107 Practice directionsU.K.

F175(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F176(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F177(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F178(3)In the case of proceedings under section 82 F179... or by virtue of section 109, or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007—

(a)may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and

(b)may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.]

[F180(3A)In subsection (3) the reference to a decision of the Tribunal includes—

(a)a decision of the Asylum and Immigration Tribunal, and

(b)a decision of the Immigration Appeal Tribunal.]

F181(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F181(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179Words in s. 107(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 50; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C32S. 107 extended by 1981 c. 61, s. 40A(8) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

108 Forged document: proceedings in privateU.K.

(1)This section applies where it is alleged—

(a)that a document relied on by a party to an appeal under section 82 F182... is a forgery, and

(b)that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.

(2)[F183The Tribunal]

(a)must investigate the allegation in private, and

(b)may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).

Textual Amendments

F182Words in s. 108(1)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 51; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

GeneralF258U.K.

109 European Union and European Economic AreaU.K.

(1)Regulations may provide for, or make provision about, an appeal against an immigration decision taken in respect of a person who has or claims to have a right under any of the [F118EU] Treaties.

(2)The regulations may—

(a)apply a provision of this Act or the Special Immigration Appeals Commission Act 1997 (c. 68) with or without modification;

(b)make provision similar to a provision made by or under this Act or that Act;

(c)disapply or modify the effect of a provision of this Act or that Act.

(3)In subsection (1) “immigration decision” means a decision about—

(a)a person’s entitlement to enter or remain in the United Kingdom, or

(b)removal of a person from the United Kingdom.

Textual Amendments

110 GrantsU.K.

[F184(1)The Secretary of State may make a grant to a voluntary organisation which provides—

(a)advice or assistance to persons who have a right of appeal under this Part;

(b)other services for the welfare of those persons.

(2)A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).]

Textual Amendments

F184S. 110 ceases to have effect (16.6.2006) and it is repealed (prosp.) by Immigration, Asylum and Nationality Act 2006 (c. 13) {ss. 10}, 61, 62, {Sch. 3}; S.I. 2006/1497, art. 3, Sch.

Modifications etc. (not altering text)

C33S. 110 applied (with modifications) by 1997 c. 68, s. 2(2)(l)(3)(d) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

C34S. 110 extended by 2001 c. 24, s. 27(10) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 30 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

F185111 Monitor of certification of claims as unfoundedU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

112 Regulations, &c.U.K.

(1)Regulations under this Part shall be made by the Secretary of State.

(2)Regulations F186... under this Part F186...—

(a)must be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Regulations F187... under this Part—

(a)may make provision which applies generally or only in a specified case or in specified circumstances,

(b)may make different provision for different cases or circumstances,

(c)may include consequential, transitional or incidental provision, and

(d)may include savings.

F188(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)An order under section 94(5) F189...—

(a)must be made by statutory instrument,

(b)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(c)may include transitional provision.

(5)An order under section [F19094(6) or (6B)] F191...—

(a)must be made by statutory instrument,

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c)may include transitional provision.

[F192(5A)If an instrument makes provision under section 94(5) and 94(6)—

(a)subsection (4)(b) above shall apply, and

(b)subsection (5)(b) above shall not apply.]

[F193(5B)An order under section 97A(4)—

(a)must be made by statutory instrument,

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament, and

(c)may include transitional provision.]

F194(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F188S. 112(3A) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 52(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F189Words in s. 112(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 52(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F190Words in s.112(5) substituted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 14, 62, Sch. 1 para. 11; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

F191Words in s. 112(5) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 52(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F193S. 112(5B) inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(2), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

113 InterpretationU.K.

(1)In this Part, unless a contrary intention appears—

F200(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F195Words in s. 113(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(c); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F196Words in s. 113(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(a)(i); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F197Words in s. 113(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(a)(ii); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F198Words in s. 113(1) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F199Words in s. 113(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(2)(d); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F200S. 113(2) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 53(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

114 RepealU.K.

(1)Part IV of the Immigration and Asylum Act 1999 (c. 33) (appeals) shall cease to have effect.

(2)Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of that Act and its replacement by this Part) shall have effect.

(3)Schedule 7 (consequential amendments) shall have effect.

Commencement Information

I12S. 114 wholly in force at 1.4.2003; s. 114 not in force at Royal Assent see s. 162(2); s. 114(3) in force at 10.2.2003 by S.I. 2003/1, art. 2, Sch.; s. 114(1)(2) in force at 1.4.2003 by S.I. 2003/754, art. 2, Sch. 1

F201115 Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provisionU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201S. 115 repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 54; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F202116 Special Immigration Appeals Commission: Community Legal ServiceU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202S. 116 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

117 Northern Ireland appeals: legal aidU.K.

(1)In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (proceedings for which legal aid may be given under Part II of that Order) the following shall be inserted after paragraph 6—

6AProceedings before an adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002, the Immigration Appeal Tribunal or the Special Immigration Appeals Commission.

(2)The amendment made by subsection (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that subsection.

[F203PART 5AF258U.K.Article 8 of the ECHR: public interest considerations

Textual Amendments

117AApplication of this PartU.K.

(1)This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

(a)breaches a person's right to respect for private and family life under Article 8, and

(b)as a result would be unlawful under section 6 of the Human Rights Act 1998.

(2)In considering the public interest question, the court or tribunal must (in particular) have regard—

(a)in all cases, to the considerations listed in section 117B, and

(b)in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

(3)In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).

117BArticle 8: public interest considerations applicable in all casesU.K.

(1)The maintenance of effective immigration controls is in the public interest.

(2)It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—

(a)are less of a burden on taxpayers, and

(b)are better able to integrate into society.

(3)It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—

(a)are not a burden on taxpayers, and

(b)are better able to integrate into society.

(4)Little weight should be given to—

(a)a private life, or

(b)a relationship formed with a qualifying partner,

that is established by a person at a time when the person is in the United Kingdom unlawfully.

(5)Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.

(6)In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—

(a)the person has a genuine and subsisting parental relationship with a qualifying child, and

(b)it would not be reasonable to expect the child to leave the United Kingdom.

117CArticle 8: additional considerations in cases involving foreign criminalsU.K.

(1)The deportation of foreign criminals is in the public interest.

(2)The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.

(3)In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.

(4)Exception 1 applies where—

(a)C has been lawfully resident in the United Kingdom for most of C's life,

(b)C is socially and culturally integrated in the United Kingdom, and

(c)there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.

(5)Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.

(6)In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.

(7)The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.

117DInterpretation of this PartU.K.

(1)In this Part—

(2)In this Part, “foreign criminal” means a person—

(a)who is not a British citizen,

(b)who has been convicted in the United Kingdom of an offence, and

(c)who—

(i)has been sentenced to a period of imprisonment of at least 12 months,

(ii)has been convicted of an offence that has caused serious harm, or

(iii)is a persistent offender.

(3)For the purposes of subsection (2)(b), a person subject to an order under—

(a)section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),

(b)section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or

(c)Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),

has not been convicted of an offence.

(4)In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—

(a)do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect);

(b)do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;

(c)include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and

(d)include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.

(5)If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.]

Part 6F258U.K.Immigration Procedure

ApplicationsF258U.K.

118 Leave pending decision on variation applicationU.K.

The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—

3C Continuation of leave pending variation decision

(1)This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b)the application for variation is made before the leave expires, and

(c)the leave expires without the application for variation having been decided.

(2)The leave is extended by virtue of this section during any period when—

(a)the application for variation is neither decided nor withdrawn,

(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or

(c)an appeal under that section against that decision is pending (within the meaning of section 104 of that Act).

(3)Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

(4)A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

(5)But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).

(6)In this section a reference to an application being decided is a reference to notice of the decision being given in accordance with regulations under section 105 of that Act (notice of immigration decision).

119 Deemed leave on cancellation of noticeU.K.

In paragraph 6(3) of Schedule 2 to the Immigration Act 1971 (c. 77) (deemed leave on cancellation of notice of refusal) after “and the immigration officer does not at the same time give him indefinite or limited leave to enter” there shall be inserted “ or require him to submit to further examination ”.

[F204120 Requirement to state additional grounds for applicationU.K.

(1)Subsection (2) applies to a person (“P”) if—

(a)P has made a protection claim or a human rights claim,

(b)P has made an application to enter or remain in the United Kingdom, or

(c)a decision to deport or remove P has been or may be taken.

(2)The Secretary of State or an immigration officer may serve a notice on P requiring P to provide a statement setting out—

(a)P's reasons for wishing to enter or remain in the United Kingdom,

(b)any grounds on which P should be permitted to enter or remain in the United Kingdom, and

(c)any grounds on which P should not be removed from or required to leave the United Kingdom.

(3)A statement under subsection (2) need not repeat reasons or grounds set out in—

(a)P's protection or human rights claim,

(b)the application mentioned in subsection (1)(b), or

(c)an application to which the decision mentioned in subsection (1)(c) relates.

(4)Subsection (5) applies to a person (“P”) if P has previously been served with a notice under subsection (2) and—

(a)P requires leave to enter or remain in the United Kingdom but does not have it, or

(b)P has leave to enter or remain in the United Kingdom only by virtue of section 3C F205... of the Immigration Act 1971 (continuation of leave pending decision or appeal).

(5)Where P's circumstances have changed since the Secretary of State or an immigration officer was last made aware of them (whether in the application or claim mentioned in subsection (1) or in a statement under subsection (2) or this subsection) so that P has—

(a)additional reasons for wishing to enter or remain in the United Kingdom,

(b)additional grounds on which P should be permitted to enter or remain in the United Kingdom, or

(c)additional grounds on which P should not be removed from or required to leave the United Kingdom,

P must, as soon as reasonably practicable, provide a supplementary statement to the Secretary of State or an immigration officer setting out the new circumstances and the additional reasons or grounds.

(6)In this section—

Textual Amendments

F204S. 120 substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 55; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F205Words in s. 120(4)(b) omitted (1.12.2016) by virtue of Immigration Act 2016 (c. 19), ss. 64(3), 94(1) (with s. 64(5)); S.I. 2016/1037, reg. 5(h)

Modifications etc. (not altering text)

C36S. 120 applied (with modifications) by S.I. 2006/1003, Sch. 2 para. 4(8)(9) (as substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 16(b))

121 Compliance with procedureU.K.

The following shall be inserted after section 31A(3) of the Immigration Act 1971 (procedural requirements for application)—

(3A)Regulations under this section may provide that a failure to comply with a specified requirement of the regulations—

(a)invalidates an application,

(b)does not invalidate an application, or

(c)invalidates an application in specified circumstances (which may be described wholly or partly by reference to action by the applicant, the Secretary of State, an immigration officer or another person).

Work permitF258U.K.

122 Fee for work permit, &c.U.K.

[F206(1)The Secretary of State may by regulations require an application for an immigration employment document to be accompanied by a fee prescribed in the regulations.

(2)In subsection (1) “immigration employment document” means—

(a)a work permit, 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.

(3)Regulations under subsection (1)—

(a)may make provision which applies generally or only in specified cases or circumstances (or except in specified cases or circumstances), and

(b)may make different provision for different cases or circumstances.

(4)In particular, regulations by virtue of subsection (3)(a) which create an exception may make provision by reference to an arrangement with the Secretary of State under which a payment is made in respect of—

(a)a specified number or class of applications, or

(b)a specified period of time.

(5)Regulations under subsection (1)—

(a)must be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section—

Textual Amendments

F206S. 122 ceases to have effect (2.4.2007) and repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52, 61, 62, Sch. 2 para. 5, Sch. 3; S.I. 2007/1109, art. 5, Sch. (subject to saving in entry in Sch.)

123 Advice about work permit, &c.U.K.

(1)Section 82 of the Immigration and Asylum Act 1999 (c. 33) (immigration advice and services: interpretation) shall be amended as follows.

(2)In the definition of “relevant matters” in subsection (1), after paragraph (b) there shall be inserted—

(ba)an application for an immigration employment document;.

(3)At the end of the section add—

(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.

Commencement Information

I13S. 123 wholly in force at 1.4.2004; s. 123 not in force at Royal Assent see s. 162; s. 123 in force at 1.4.2004 by S.I. 2003/754, art. 2, Sch. 1 (as amended by S.I. 2003/1339 and S.I. 2003/2993)

Authority-to-carry schemeF258U.K.

F207124 Authority to carryU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evasion of procedureF258U.K.

125 Carriers’ liabilityU.K.

Schedule 8 (which amends Part II of the Immigration and Asylum Act 1999 (carriers’ liability)) shall have effect.

Commencement Information

I14S. 125 partly