Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Commons
PART IV, APPEALS - continued
Leave to enter - continued

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Limitations on rights of appeal under section 41.	42. - (1) Section 41 does not entitle a person to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom if he does not hold-
	(a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
	(b) a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.
	(2) A person is not entitled to appeal under section 41 against a refusal of leave to enter while he is in the United Kingdom unless, at the time of the refusal, he held a current entry clearance or was a person named in a current work permit.
	(3) Subsection (4) applies to a person who seeks to enter the United Kingdom-
	(a) as a visitor;
	(b) in order to follow a course of study of not more than six months' duration for which he has been accepted;
	(c) with the intention of studying but without having been accepted for any course of study; or
	(d) as a dependant of a person within paragraph (a), (b) or (c).
	(4) That person-
	(a) is not entitled to appeal under section 41 against a refusal of an entry clearance unless he is a family visitor; and
	(b) is not entitled to appeal against a refusal of leave to enter if he does not hold a current entry clearance at the time of the refusal.
	(5) The Secretary of State may by regulations make provision-
	(a) requiring a family visitor appealing under section 41 to pay such fee as may be fixed by the regulations;
	(b) for such an appeal not to be entertained unless the required fee has been paid by the appellant;
	(c) for the repayment of any such fee if the appeal is successful.
	(6) Section 41 does not entitle a person to appeal against a refusal of an entry clearance if the refusal is on the ground that he or any person whose dependant he is-
	(a) does not hold a relevant document required by the immigration rules;
	(b) does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
	(c) seeks entry for a period exceeding that permitted by the immigration rules.
	(7) The following are relevant documents-
	(a) entry clearances;
	(b) passports or other identity documents; and
	(c) work permits.
	(8) Section 41 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if-
	(a) the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good; or
	(b) the leave to enter, or entry clearance, was refused in compliance with any such directions.
	(9) "Family visitor" has such meaning as may be prescribed.
	Variation of limited leave
Variation of limited leave to enter or remain.	43. - (1) A person who has a limited leave under the 1971 Act to enter or remain in the United Kingdom may appeal to an adjudicator against any decision of the Secretary of State to refuse to grant further leave.
	(2) If a person who has leave to enter or remain in the United Kingdom for a limited period-
	(a) applies to the Secretary of State before the end of that period for his leave to be varied, but
	(b) has his application refused,
	he may appeal against the refusal even though the limited period has ended.
Limitations on rights of appeal under section 43.	44. - (1) Section 43 does not entitle a person to appeal against a refusal to grant further leave if the refusal is on the ground that-
	(a) a relevant document which is required by the immigration rules has not been issued;
	(b) the person or a person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship;
	(c) the variation would result in the duration of a person's leave exceeding that permitted by the immigration rules; or
	(d) any fee required by or under any enactment has not been paid.
	(2) The following are relevant documents-
	(a) entry clearances;
	(b) passports or other identity documents; and
	(c) work permits or equivalent documents issued after entry.
	(3) Section 43 does not entitle a person to appeal against a refusal to grant further leave if either of the following conditions is satisfied.
	(4) The conditions are-
	(a) that the Secretary of State has certified that the appellant's departure from the United Kingdom would be conducive to the public good as being in the interests of national security, the relations between the United Kingdom and any other country or for other reasons of a political nature; or
	(b) that the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).
	(5) A person is not entitled to appeal under section 43 against-
	(a) a variation made by statutory instrument; or
	(b) a refusal of the Secretary of State to make a statutory instrument.
	Deportation
Deportation orders.	45. - (1) A person may appeal to an adjudicator against-
	(a) a decision of the Secretary of State to make a deportation order against him under section 3(5) of the 1971 Act; or
	(b) a refusal by the Secretary of State to revoke a deportation order made against him.
	(2) A deportation order is not to be made against a person under section 3(5) of the 1971 Act-
	(a) so long as an appeal may be brought against the decision to make it; or
	(b) if such an appeal is duly brought, so long as the appeal is pending.
	(3) In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an appeal against the decision to make the order is pending.
Limitations on rights of appeal under section 45.	46. - (1) Section 45 does not entitle a person to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature.
	(2) Section 45 does not entitle a person to appeal against a refusal to revoke a deportation order, if-
	(a) the Secretary of State has certified that the appellant's exclusion from the United Kingdom would be conducive to the public good; or
	(b) if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
	(3) Section 45 does not entitle a person to appeal against a refusal to revoke a deportation order while he is in the United Kingdom, whether because he has not complied with the requirement to leave or because he has contravened the prohibition on entering.
	(4) Subsection (5) applies to-
	(a) an appeal against a decision to make a deportation order against a person as belonging to the family of another person; or
	(b) an appeal against a refusal to revoke a deportation order so made.
	(5) The appellant is not to be allowed, for the purpose of showing that he does not or did not belong to another person's family, to dispute any statement made with a view to obtaining leave for the appellant to enter or remain in the United Kingdom (including any statement made to obtain an entry clearance).
	(6) But subsection (5) does not apply if the appellant shows-
	(a) that the statement was not so made by him or by any person acting with his authority; and
	(b) that, when he took the benefit of the leave, he did not know any such statement had been made to obtain it or, if he did know, was under the age of eighteen.

Prepared 9 February 1999