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Statutory Instruments

2003 No. 658

IMMIGRATION

The Immigration (Notices) Regulations 2003

Made

11th March 2003

Laid before Parliament

11th March 2003

Coming into force

1st April 2003

The Secretary of State, in exercise of the powers conferred on him by section 105 and 112(1) to (3) of the Nationality, Immigration and Asylum Act 2002(1), hereby makes the following Regulations:

Citation and commencementU.K.

1.  These Regulations may be cited as the Immigration (Notices) Regulations 2003 and shall come into force on the 1st April 2003.

Commencement Information

I1Reg. 1 in force at 1.4.2003, see reg. 1

InterpretationU.K.

2.  In these Regulations—

“the 1971 Act” means the Immigration Act 1971(2);

“the 1997 Act” means the Special Immigration Appeals Commission Act 1997(3);

“the 1999 Act” means the Immigration and Asylum Act 1999(4);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

[F1“citizens' rights immigration decision” means a decision which can be appealed against under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.]

“decision-maker” means—

(a)

the Secretary of State;

(b)

an immigration officer;

(c)

an entry clearance officer;

F2...

“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

F3...

“minor” means a person who is under 18 years of age;

“notice of appeal” means a notice in the appropriate prescribed form in accordance with the [F4Procedure Rules];

“Procedure Rules” means rules made under section [F522 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007];

“representative” means a person who appears to the decision-maker—

(a)

to be the representative of a person referred to in regulation 4(1) below; and

(b)

not to be prohibited from acting as a representative by section 84 of the 1999 Act.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 1.4.2003, see reg. 1

Transitional provisionU.K.

F63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Notice of decisionsU.K.

4.—(1) Subject to regulation 6, the decision-maker must give written notice to a person of any [F7decision taken in respect of him which is appealable under section 82(1) of the 2002 Act F8... [F9or any citizens' rights immigration decision]] taken in respect of him which is appealable.

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If the notice is given to the representative of the person, it is to be taken to have been given to the person.

Textual Amendments

Commencement Information

I3Reg. 4 in force at 1.4.2003, see reg. 1

Contents of noticeU.K.

5.—[F12(1) A notice given under regulation 4(1)—

(a)is to include or be accompanied by a statement of the reasons for the decision to which it relates; F13...

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F15(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F17... The notice given under regulation 4 shall also include, or be accompanied by, a statement which advises the person of—

(a)his right of appeal and the statutory provision on which his right of appeal is based;

(b)whether or not such an appeal may be brought while in the United Kingdom;

(c)the grounds on which such an appeal may be brought; and

(d)the facilities available for advice and assistance in connection with such an appeal.

[F18(4) The notice given under regulation 4 shall be accompanied by information about the process for providing a notice of appeal to the Tribunal and the time limit for providing that notice.]

F19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 5 in force at 1.4.2003, see reg. 1

Certain notices under the 1971 Act deemed to comply with the RegulationsU.K.

6.—(1) This regulation applies where the power to—

(a)refuse leave to enter; or

(b)vary leave to enter or remain in the United Kingdom;

is exercised by notice in writing under section 4 of (administration of control), or paragraph 6(2) (notice of decisions of leave to enter or remain) of Schedule 2 to, the 1971 Act.

(2) If—

(a)the statement required by regulation 5(3) is included in or accompanies that notice; and

(b)the notice is given in accordance with the provision of regulation 7;

the notice is to be taken to have been given under regulation 4(1) for the purposes of these Regulations.

Commencement Information

I5Reg. 6 in force at 1.4.2003, see reg. 1

Service of noticeU.K.

7.—(1) A notice required to be given under regulation 4 may be—

(a)given by hand;

(b)sent by fax;

(c)sent by postal service in which delivery or receipt is recorded to:-

(i)an address provided for correspondence by the person or his representative; or

(ii)where no address for correspondence has been provided by the person, the last-known or usual place of abode or place of business of the person or his representative [F23;]

[F24(d)sent electronically;

(e)sent by document exchange to a document exchange number or address;

(f)sent by courier; or

(g)collected by the person who is the subject of the decision or their representative.]

[F25(1A) A notice which has been uploaded to the electronic portal is deemed to have been sent electronically for the purposes of paragraph (1)(d).

(1B) Where the notice is uploaded to the electronic portal, the notice shall be deemed to have been received on the day on which the person who is the subject of the decision or a representative receives electronically a notification that the notice has been so uploaded.

(1C) In paragraphs (1A) and (1B), “electronic portal” means the online facility provided by the Home Office for the purpose of giving notices under this regulation.]

(2) Where—

(a)a person’s whereabouts are not known; and

(b)(i)no address has been provided for correspondence and the decision-maker does not know the last-known or usual place of abode or place of business of the person; or

(ii)the address provided to the decision-maker is defective, false or no longer in use by the person; and

(c)no representative appears to be acting for the person,

the notice shall be deemed to have been given when the decision-maker enters a record of the above circumstances and places the F26... notice on the relevant file.

[F27(3) Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located—

(a)he shall be given a copy of the notice and details of when and how it was given as soon as practicable; and

(b)the time limit for appeal under the Procedure Rules shall be calculated from the date the notice is deemed to have been given in accordance with paragraph (2).]

[F28(4) Where a notice is sent by post to a place outside the United Kingdom in accordance with paragraph (1)(c) it shall be deemed to have been received on the twenty-eighth day after it was posted, unless the contrary is proved.]

(5) For the purposes of paragraph (4) the period is to be calculated—

(a)excluding the day on which the notice is posted; F29...

F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A notice given under regulation 4 may, in the case of a minor who does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child.

Textual Amendments

Commencement Information

I6Reg. 7 in force at 1.4.2003, see reg. 1

Beverley Hughes

Minister of State

Home Office

11th March 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Immigration and Asylum Appeals (Notices) Regulations 2000 (the 2000 Regulations).

Regulation 4 requires written notice of any immigration decision, EEA decision or appealable decision under section 83 of the 2002 Act to be given to a person, or his representative.

Regulation 5 deals with the contents of the notice. Reasons must be given for the decision in the notice. Where a decision is appealable, the notice must state the rights of appeal and give details of whether the right can be exercised in the United Kingdom. It must also state the grounds on which such an appeal can be brought, the facilities available for advice and assistance and be accompanied by a notice of appeal. Where the decision or action is not appealable or the exercise of an appeal is restricted, the provision, exemption or limitation should be referred to. A residual right of appeal does not need to be notified unless the person raises one of the relevant issues in relation to the decision.

Regulation 6 provides that where a notice of decision is served under section 4 of the Immigration Act 1971 or paragraph 6 of Schedule 2 to that Act, providing that the notice is served in accordance with regulation 7 and information about appeal rights is provided, the notice will be taken to have been given under regulation 4(1) of these Regulations.

Regulation 7 deals with service of the notice given under regulation 4. It may be given by hand, sent by fax or sent by way of recorded delivery to an address which has been provided for correspondence. Where no such address has been provided, or the address is defective, false or no longer in use, the notice can be sent to the last known or usual place of abode or business. Regulation 7(2) provides for deemed service in a case where a person’s whereabouts are not known, no address has been provided or it is defective, false or no longer in use and there appears to be no representative. Regulation 7(7) provides for service on a person acting on behalf of a minor.

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