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Human rights |
| Acts made unlawful by section 6(1) of the Human Rights Act 1998. |
47. - (1) A person who alleges that an immigration officer or the Secretary of State has, in taking any decision relating to that person's entitlement to enter or remain in the United Kingdom, acted in breach of his human rights may appeal to an adjudicator against that decision.
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(2) For the purposes of this section, a person acts in breach of another's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998.
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(3) Subsections (4) and (5) apply if, in proceedings before an adjudicator or the Immigration Appeal Tribunal on an appeal, a question arises as to whether an immigration officer or the Secretary of State has, in taking any decision relating to the appellant's entitlement to enter or remain in the United Kingdom, acted in breach of the appellant's human rights.
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(4) The adjudicator, or the Tribunal, has jurisdiction to consider the question.
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(5) If the adjudicator, or the Tribunal, decides that the immigration officer concerned or the Secretary of State acted in breach of the appellant's human rights, the appeal may be allowed on that ground.
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Directions for removal |
| Validity of directions for removal. |
48. - (1) This section applies if directions are given under this Act for a person's removal from the United Kingdom-
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(a) on the ground that he is an illegal entrant; |
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(c) under the special powers conferred by Schedule 2 to the 1971 Act in relation to members of the crew of a ship or aircraft or persons coming to the United Kingdom to join a ship or aircraft as a member of the crew. |
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(2) That person may appeal to an adjudicator against the directions on the ground that in the facts of his case there was in law no power to give them on the ground on which they were given.
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(3) This section does not entitle a person to appeal while he is in the United Kingdom unless he is appealing under section 47 or 51(4).
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(4) If a person appeals under this section against directions given by virtue of a deportation order, he may not dispute the original validity of that order.
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Objection to destination |
| Removal on objection to destination. |
49. - (1) This section applies if directions are given under the 1971 Act for a person's removal from the United Kingdom-
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(a) on his being refused leave to enter, |
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(b) on a deportation order being made against him, or |
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(c) on his having entered the United Kingdom in breach of a deportation order. |
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(2) That person may appeal to an adjudicator against the directions on the ground that he ought to be removed (if at all) to a different country specified by him.
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(3) Subsection (4) applies if a person appeals under this section on being refused leave to enter the United Kingdom and-
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(a) before he does so, directions have been given for his removal from the United Kingdom to any country; or |
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(b) before or after he does so, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal as a result of the refusal will be for his removal to a country or one of several countries specified in the notice. |
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(4) On that appeal, the appellant may object to the country or territory to which he would be removed in accordance with the directions, or to that specified in the notice (or to one or more of those specified) and claim that he ought to be removed (if at all) to a different country specified by him.
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(5) "Country" includes any territory.
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| Limitations on rights of appeal under section 49. |
50. - (1) Section 49 does not entitle a person to appeal against directions given on his being refused leave to enter the United Kingdom unless-
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(a) he is also appealing under section 41(1) against the decision that he requires leave to enter; or |
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(b) he was refused leave at a time when he held a current entry clearance or was a person named in a current work permit. |
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(2) If a person is entitled to object to a country on an appeal under section 41 or 49 and-
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(a) he does not object to it on that appeal, or |
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(b) his objection to it on that appeal is not sustained, |
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section 49 does not entitle him to appeal against any directions subsequently given as a result of the refusal or order in question, if their effect will be his removal to that country.
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(3) "Country" includes any territory.
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