(This note is not part of the Regulations)
These Regulations prescribe a class or description of person for the purposes of section 88A(1)(a) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). Under section 88A(1)(a), a person may not appeal under section 82(1) of the 2002 Act against refusal of an application for entry clearance unless the application is made for the purpose of visiting a person of a description or class prescribed by regulations. Regulation 2(a) makes provision by reference to whether the applicant is a member of the family (as specified in regulation 2) of the person he or she is visiting; regulation 2(b) makes provision by reference to the circumstances of the person he or she is visiting (as specified in regulation 3).
Regulation 4 makes transitional provision to provide that the Regulations apply only to an application for entry clearance made on or after the day on which the Regulations come into force.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.