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(c) | the Asylum and Immigration Appeals Act 1993 (c. 23), |
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(d) | the Asylum and Immigration Act 1996 (c. 49), |
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(e) | the Immigration and Asylum Act 1999 (c. 33), |
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(f) | the Nationality, Immigration and Asylum Act 2002 (c. 41), |
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(g) | the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. |
| 5 |
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(3) | The following shall cease to have effect— |
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(a) | section 32(5) of the Immigration Act 1971 (c. 77) (“the Immigration |
| |
| 10 |
(b) | in section 167(1) of the Immigration and Asylum Act 1999, the |
| |
definition of “the Immigration Acts”, |
| |
(c) | section 158 of the Nationality, Immigration and Asylum Act 2002 (“the |
| |
| |
(d) | section 44 of the Asylum and Immigration (Treatment of Claimants, |
| 15 |
etc.) Act 2004 (c. 19) (“the Immigration Acts”). |
| |
(4) | In Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) at the |
| |
appropriate place insert— |
| |
““The Immigration Acts” has the meaning given by section 49 of the |
| |
Immigration, Asylum and Nationality Act 2006.” |
| 20 |
|
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|
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|
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Immigration and Asylum Appeals: Consequential Amendments |
| |
Nationality, Immigration and Asylum Act 2002 (c. 41) |
| |
1 | The Nationality, Immigration and Asylum Act 2002 (appeals) shall be |
| 5 |
| |
2 | In section 72(9) (serious criminal) after “, 83” insert “, 83A”. |
| |
3 | In section 82(3) (suspension of variation or revocation pending appeal) for |
| |
“subsection (2)(e) or (f)” substitute “subsection (2)(f), (fa) or (fb)”. |
| |
4 | In section 85(4) (matters to be considered) for “or 83(2)” substitute “, 83(2) or |
| 10 |
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5 | In section 86(1) (determination of appeal) for “or 83.” substitute “, 83 or 83A.” |
| |
6 | In section 87(1) (successful appeal: direction) for “or 83” substitute “, 83 or |
| |
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7 | In section 88(1) (ineligibility) for “, (b), (d) or (e)” substitute “or (b)”. |
| 15 |
8 | In section 92(2) (appeal from within United Kingdom) for “(d), (e), (f)” |
| |
substitute “(f), (fa), (fb)”. |
| |
9 | In section 94(1A) (appeal from within United Kingdom: unfounded claim) |
| |
| |
10 | In section 97(1) and (3) (national security, &c.) for “or 83(2)” substitute “, |
| 20 |
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11 | In section 103A(1) (review of Tribunal’s decision) for “or 83” substitute “, 83 |
| |
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12 | In section 103E(1) (appeal from Tribunal sitting as panel) for “or 83” |
| |
substitute “, 83 or 83A”. |
| 25 |
13 | In section 106(1)(a) and (b) (rules) for “or 83” substitute “, 83 or 83A”. |
| |
14 | In section 108(1)(a) (forged document: proceedings in private) for “or 83” |
| |
substitute “, 83 or 83A”. |
| |
15 | In section 112 (regulations and orders) renumber subsection (3A) as (3B) and |
| |
| 30 |
“(3A) | An order under section 82(2)(fb)— |
| |
(a) | must be made by statutory instrument, |
| |
|
| |
|
| |
|
(b) | may not be made unless a draft has been laid before and |
| |
approved by resolution of each House of Parliament, and |
| |
(c) | may include transitional provision.” |
| |
Race Relations Act 1976 (c. 74) |
| |
16 | In section 57A(5) of the Race Relations Act 1976 (discrimination claims in |
| 5 |
immigration cases) in the definition of “immigration appellate body” for “an |
| |
adjudicator appointed for the purposes of Part 5 of the 2002 Act, the |
| |
Immigration Appeal Tribunal,” substitute “the Asylum and Immigration |
| |
| |
British Nationality Act 1981 (c. 61) |
| 10 |
17 | In section 40A(3) of the British Nationality Act 1981 (deprivation of |
| |
citizenship: appeal) for “or 83” substitute “, 83 or 83A”. |
| |
Special Immigration Appeals Commission Act 1997 (c. 68) |
| |
18 | In section 2 of the Special Immigration Appeals Commission Act 1997 |
| |
| 15 |
(a) | in subsection (1)(a) and (b) for “or 83(2)_” substitute “, 83(2) or |
| |
| |
| |
(i) | for “an appeal against the rejection of a claim for asylum” |
| |
substitute “an appeal against a decision other than an |
| 20 |
immigration decision”, and |
| |
(ii) | after “83(2)” insert “or 83A(2)”. |
| |
| |
| |
Fees: Consequential Amendments |
| |
British Nationality Act 1981 (c. 61) |
| 25 |
1 | In section 41 of the British Nationality Act 1981 (regulations and Orders in |
| |
| |
(a) | omit subsection (2), and |
| |
| |
| 30 |
| |
2 | Section 42A of the British Nationality Act 1981 (registration and naturalisation: |
| |
fee) shall cease to have effect. |
| |
Immigration and Asylum Act 1999 (c. 33) |
| |
3 | Sections 5 and 27 of the Immigration and Asylum Act 1999 (charges) shall cease to |
| 35 |
| |
|
| |
|
| |
|
Nationality, Immigration and Asylum Act 2002 (c. 41) |
| |
4 | In section 10(2) (right of abode: certificate of entitlement)— |
| |
(a) | paragraph (e) shall cease to have effect, and |
| |
(b) | in paragraph (f) for “(a) to (e)” substitute “(a) to (d)”. |
| |
5 | Section 122 (fee for work permit, &c.) shall cease to have effect. |
| 5 |
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) |
| |
6 (1) | Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 |
| |
(amount of fees) shall be amended as follows. |
| |
| |
(a) | for “In prescribing a fee for an application or process under a provision |
| 10 |
specified in subsection (2)” substitute “In prescribing a fee under section 43 |
| |
of the Immigration, Asylum and Nationality Act 2006 (fees) in connection |
| |
with a matter specified in subsection (2)”, and |
| |
(b) | omit “, with the consent of the Treasury,”. |
| |
(3) | For subsection (2) substitute— |
| 15 |
| |
(a) | anything done under, by virtue of or in connection with a provision |
| |
of the British Nationality Act 1981 (c. 61) or of the former |
| |
nationality Acts (within the meaning given by section 50(1) of that |
| |
| 20 |
(b) | an application for leave to remain in the United Kingdom, |
| |
(c) | an application for the variation of leave to enter, or remain in, the |
| |
| |
(d) | section 10 of the Nationality, Immigration and Asylum Act 2002 |
| |
(right of abode: certificate of entitlement), |
| 25 |
| |
(f) | any other document which relates to employment and is issued for |
| |
a purpose of immigration rules or in connection with leave to enter |
| |
or remain in the United Kingdom.” |
| |
| 30 |
| |
| |
| | | | | | | | | | | Immigration Act 1971 (c. 77) |
| Section 3C(2)(b) and (c). |
| | | | | In section 27, in paragraph (c) the words “as |
| | 35 | | | owner or agent of a ship or aircraft or”. |
| | | | | | | | | | | | | | | In Schedule 2, paragraph 4(2A). |
| | | | British Nationality Act 1981 |
| | | 40 |
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