The Immigration (Notices) Regulations 2003

Contents of notice

5.—(1) A notice given under regulation 4(1) is to—

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

(b) if it relates to an immigration decision specified in section 82(2)(a), (g), (h), (i) or (j) of the 2002 Act, state the country or territory to which it is proposed to remove the person.

(2) A notice given under regulation 4(2) is to include or be accompanied by a statement of the reasons for the rejection of the claim for asylum.

(3) Subject to paragraph (6), 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.

(4) Subject to paragraph (6), the notice given under regulation 4 shall be accompanied by a notice of appeal which indicates the time limit for bringing the appeal, the address to which it should be sent or may be taken by hand and a fax number for service by fax.

(5) Subject to paragraph (6), where the exercise of the right is restricted by an exception or limitation by virtue of a provision of Part 5 of the 2002 Act, the notice given under regulation 4 shall include or be accompanied by a statement which refers to the provision limiting or restricting the right of appeal.

(6) The notice given under regulation 4 need not comply with paragraphs (3), (4) and (5) where a right of appeal may only be exercised on the grounds referred to in section 84(1)(b), (c) or (g) of the 2002 Act by virtue of the operation of section 88(4), 89(3), 90(4), 91(2), 98(4) or (5) of that Act.

(7) Where notice is given under regulation 4 and paragraph (6) applies, if the person claims in relation to the immigration decision or the EEA decision that—

(a) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976(1) (discrimination by public authorities);

(b) the decision is unlawful under section 6 of the Human Rights Act 1998(2) (public authority not to act contrary to the Human Rights Convention) as being incompatible with the person’s Convention rights; or

(c) removal of the person from the United Kingdom in consequence of the immigration decision would breach the United Kingdom’s obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with the person’s Convention rights,

the decision-maker must as soon as practicable re-serve the notice of decision under regulation 4 and paragraph (6) of this regulation shall not apply.

(8) Where a notice is re-served under paragraph (7), the time limit for appeal under the Procedure Rules shall be calculated as if the notice of decision had been served on the date on which it was re-served.

(1)

1976 c. 74; section 19B was inserted by section 1 of the Race Relations (Amendment) Act 2000 (c. 34).

(2)

1998 c. 42.