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Nationality, Immigration and Asylum Act 2002

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Nationality, Immigration and Asylum Act 2002, Section 120 is up to date with all changes known to be in force on or before 21 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1120 Requirement to state additional grounds for applicationU.K.

This section has no associated Explanatory Notes

(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 F2... 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—

  • human rights claim” and “protection claim” have the same meanings as in Part 5;

  • references to “grounds” are to grounds on which an appeal under Part 5 may be brought (see section 84).]

Textual Amendments

F1S. 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))

F2Words 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)

C2S. 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))

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