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The Immigration (Biometric Registration) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 3048
- Regulation 23
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[F1Consequences of a failure to comply with a requirement of these RegulationsU.K.
This section has no associated Explanatory Memorandum
23.—(1) Subject to paragraphs (3) and (4), where a person who is required to make an application for the issue of a biometric immigration document fails to comply with a requirement of these Regulations, the Secretary of State—
(a)may take any, or any combination, of the actions specified in paragraph (2); and
(b)[F2may] consider giving a notice under section 9 of the UK Borders Act 2007.
(2) The actions specified are to—
(a)refuse an application for a biometric immigration document;
[F3(aa)prevent the person from generating a share code until they have complied with the requirement;]
(b)treat the person’s [F4application for leave to enter or remain or for entry clearance] as invalid;
(c)refuse the person’s [F4application for leave to enter or remain or for entry clearance]; and
(d)cancel or vary the person’s leave to enter or remain.
(3) Where a person is required to apply for a biometric immigration document under [F5regulation 3(2)(a) or (f)] [F6or regulation [F73A(2)]] or as a dependant of [F8such] a person F9... and fails to comply with a requirement of these Regulations, the Secretary of State—
(a)must refuse the person’s application for a biometric immigration document;
(b)must treat the person’s [F10application for leave to enter or remain or for entry clearance] as invalid; and
(c)may cancel or vary the person’s leave to enter or remain.
(4) Where a person is required to apply for a biometric immigration document under regulation 3(2)(e) F11... or (g) or as the dependant of a person who has made an application in accordance with regulation 3(2)(e) F12... and fails to comply with a requirement of these Regulations the Secretary of State—
(a)may refuse the application for a biometric immigration document; and
(b)[F13may] consider giving a notice under section 9 of the UK Borders Act 2007.
(5) Where any person apart from a person referred to in paragraph (1), (3) or (4) fails to comply with a requirement of these Regulations, the Secretary of State must consider giving a notice under section 9 of the UK Borders Act 2007.
(6) The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.
[F14(7) In this regulation “share code” means an electronically generated code to allow a third party to access information about an individual’s immigration status.]]
Textual Amendments
F1Reg. 23 substituted (29.2.2012) by The Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594), regs. 1(2), 10
F2Word in reg. 23(1)(b) substituted (1.7.2021) by The Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772), reg. 1(1), Sch. para. 3(13)
F3Reg. 23(2)(aa) inserted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(a)
F4Words in reg. 23(2) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(a)
F5Words in reg. 23(3) substituted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(b)(i)
F6Words in reg. 23(3) inserted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(b)(i)
F7Word in reg. 23(3) substituted (27.3.2025) by The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(b)(ii)
F8Word in reg. 23(3) inserted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(b)(ii)
F9Words in reg. 23(3) omitted (17.3.2015) by virtue of The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(b)(iii)
F10Words in reg. 23(3) substituted (17.3.2015) by The Immigration (Biometric Registration) (Amendment) Regulations 2015 (S.I. 2015/433), regs. 1(1), 19(a)
F11Word in reg. 23(4) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(c)(i)
F12Words in reg. 23(4) omitted (27.3.2025) by virtue of The Immigration (Biometric Information etc.) (Amendment) Regulations 2025 (S.I. 2025/382), regs. 1(2), 22(c)(ii)
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