2015 No. 383
Immigration

The Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015

Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by section 73(2), (3) and 74(8) of the Immigration Act 20141, makes the following Order:

Citation and Commencement1.

This Order may be cited as the Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015 and comes into force on 6th April 2015.

Amendment to the Asylum (Procedures) Regulations 20072.

(1)

The Asylum (Procedures) Regulations 20072 are amended as follows.

(2)

In regulation 5(1)(a) (Interpreters), omit “, 83 or 83A”3.

Amendment to the Appeals (Excluded Decisions) Order 20093.

(1)

The Appeals (Excluded Decisions) Order 20094 is amended as follows.

(2)

In article 3(m) (Excluded decisions), omit “, 83 or 83A”.

Amendments to the UK Border Agency (Complaints and Misconduct) Regulations 20104.

(1)

The UK Border Agency (Complaints and Misconduct) Regulations 20105 are amended as follows.

(2)

In regulation 2(1) (Interpretation)—

(a)

omit the definition of “immigration decision”;

(b)

at the appropriate points, insert—
““human rights claim” has the same meaning as in section 113 of the Nationality, Immigration and Asylum Act 20026;” and
““protection status” and “protection claim” have the same meaning as in section 82(2) of the Nationality, Immigration and Asylum Act 20027;”.

(3)

In regulation 2(3)(ii), for “asylum” substitute “a person’s protection or human rights claim, or to revoke a person’s protection status”.

Saving provision5.

(1)

In this article, “the Commencement Order” means the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 20148.

(2)

Where the Secretary of State has made a decision to which article 9 of the Commencement Order applies and an appeal has been brought against that decision—

(a)

regulation 5(1)(a) (Interpreters) of the Asylum (Procedures) Regulations 2007; and

(b)

article 3(m) (Excluded decisions) of the Appeals (Excluded Decisions) Order 2009

continue to have effect as if the references to sections 83 and 83A were not omitted.

(3)

Where the Secretary of State has made a decision to which article 9 of the Commencement Order applies, regulation 2(1) and (3)(i) and (ii) of the UK Border Agency (Complaints and Misconduct) Regulations 2010 continues to have effect as if the amendments made by article 4(2) and (3) had not been made.

James Brokenshire
Minister of State
Home Office
EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes amendments to the Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), the Appeals (Excluded Decisions) Order 2009 (S.I. 2009/275) and the UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782) which are consequential upon the amendments made by the Immigration Act 2014 (c. 22) to the appeals provisions in the Nationality, Immigration and Asylum Act 2002 (c. 41).

Articles 2, 3 and 4 of this Order do not have effect in so far as article 9 of the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (S.I. 2014/2771) applies as set out in article 5.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.