Immigration and Asylum Bill

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

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	Asylum
Claims for asylum.	51. - (1) A person who is refused leave to enter the United Kingdom under the 1971 Act may appeal against the refusal to a special adjudicator on the ground that his removal in consequence of the refusal would be contrary to the Convention.
	(2) A person who has limited leave under the 1971 Act to enter or remain in the United Kingdom may appeal to a special adjudicator against any variation of, or refusal to vary, the leave on the ground that requiring him to leave the United Kingdom after the time limited by the leave would be contrary to the Convention.
	(3) If the Secretary of State-
	(a) has decided to make a deportation order against a person under section 3(5) of the 1971 Act, or
	(b) has refused to revoke a deportation order made against a person under section 3(5) or (6) of that Act,
	that person may appeal to a special adjudicator against the decision or refusal on the ground that his removal in pursuance of the order would be contrary to the Convention.
	(4) If directions are given as mentioned in section 48(1) for the removal of a person from the United Kingdom, he may appeal to a special adjudicator on the ground that his removal in pursuance of the directions would be contrary to the Convention.
	(5) "Contrary to the Convention" means contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.
Limitations on rights of appeal under section 51.	52. - (1) Section 51(1) 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 in the interests of national security; or
	(b) the leave to enter, or entry clearance, was refused in compliance with any such directions.
	(2) Section 51(2) does not entitle a person to appeal against-
	(a) a variation of his leave which reduces its duration, or
	(b) a refusal to enlarge or remove the limit on its duration,
	if either of the following conditions is satisfied.
	(3) The conditions are-
	(a) that the Secretary of State has certified that the appellant's departure from the United Kingdom would be in the interests of national security; 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).
	(4) Section 51(3)(a) 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 in the interests of national security.
	(5) Section 51(3)(b) 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 in the interests of national security; or
	(b) if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
	(6) A person may not bring an appeal on any of those grounds if, before the time of the refusal, variation, decision or directions (as the case may be) he has not made a claim for asylum.
	(7) A person may not appeal under section 51(3)(b) if he has had the right to appeal under section 51(3)(a) (whether or not he has exercised it).
	Removal to safe countries
Removal of asylum claimants to safe third countries.	53. - (1) This section applies if a certificate has been issued under section 2 of the Asylum and Immigration Act 1996.
	(2) The person in respect of whom the certificate was issued may appeal against it to a special adjudicator on the ground that any of the conditions mentioned in section 2(2) of the 1996 Act was not satisfied when the certificate was issued, or has since ceased to be satisfied.
	Miscellaneous
Miscellaneous limitations on rights of appeal.	54. - (1) An appeal on any of the grounds mentioned in subsections (1) to (4) of section 51 may be brought only under that section.
	(2) While a certificate issued under section 2 of the Asylum and Immigration Act 1996 remains in force, the person in respect of whom the certificate was issued is not entitled to appeal under this Act as respects any matter arising before his removal from the United Kingdom.
	(3) Section 53 does not entitle a person who has been, or is to be, sent to a country or territory to which section 2(3) of the 1996 Act applies, to appeal while he is in the United Kingdom.
	"One-stop" procedure
Duty to disclose grounds for appeal etc.	55. - (1) This section applies if-
	(a) an application for leave to enter or remain in the United Kingdom is refused; and
	(b) the applicant has a right of appeal against the refusal under this Act.
	(2) This section also applies in such other circumstances as may be prescribed.
	(3) The Secretary of State must serve on the applicant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to remain in the United Kingdom.
	(4) The statement must be-
	(a) in writing; and
	(b) served on the Secretary of State before the end of such period as may be prescribed.
	(5) A statement required under this section must-
	(a) if the person making it wishes to claim asylum, include a claim for asylum;
	(b) if he intends to appeal under section 47, must include notice of that intention; and
	(c) if he claims that he is entitled to the benefit of a prescribed concession, include a claim for the concession to be made.
	(6) Regulations may prescribe the persons who, in relation to an applicant, are relevant members of his family.
	(7) Regulations under subsection (2) may provide for any of the provisions of sections 56, 57 or 58 to have effect (in circumstances in which this section applies as a result of the order) with such modifications as may be prescribed.
Result of failure to comply with section 55.	56. - (1) In this section-
	(a) "the applicant" means the person on whom a notice has been served under section 55(3);
	(b) "notice" means a notice served under that section; and
	(c) "statement" means the statement which the notice requires the applicant to make to the Secretary of State.
	(2) If the applicant's statement does not mention a particular ground-
	(a) on which he wishes to enter or remain in the United Kingdom, and
	(b) of which he is aware at the material time,
	he may not rely on that ground in any appeal under this Part.
	(3) Subsection (4) applies if the applicant's statement does not include a claim for asylum.
	(4) If the applicant claims asylum after the end of the period prescribed under section 55(4)(b), no appeal may be made under this Part against the refusal of that claim if the Secretary of State has certified that in his opinion the claim for asylum was made solely for the purpose of delaying the removal from the United Kingdom of the applicant or of any member of his family.
	(5) Subsection (6) applies if the applicant's statement does not include notice of his intention to appeal under section 47.
	(6) No appeal may be made under section 47 if the Secretary of State has certified that in his opinion the sole purpose of such an appeal would be to delay the removal from the United Kingdom of the applicant or of any member of his family.
	(7) Subsection (8) applies if the applicant's notice does not include a claim for a prescribed concession to be made.
	(8) He may not rely on the concession in any appeal under this Part.
	(9) Subsection (2), (4), (6) or (8) does not apply if the Secretary of State considers that the applicant had a reasonable excuse for the omission.
	(10) "Member of the family" has such meaning as may be prescribed.

Prepared 9 February 1999