Immigration and Asylum Bill

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

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	Variation of limited leave to enter or remain
Variation of limited leave to enter or remain.	51. A person may appeal against a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which he has if, as a result of that decision, he may be required to leave the United Kingdom within 28 days of being notified of the decision.
Limitations on rights of appeal under section 51.	52. - (1) Section 51 does not entitle a person or a person whose dependant he is to appeal against a refusal to vary 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 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 51 does not entitle a person to appeal against a refusal to vary 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 51 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.	53. - (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 5(1) 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 5(1) of the 1971 Act while an appeal may be brought against the decision to make it.
	(3) Subsection (4) applies if-
	(a) a person appeals under this section; and
	(b) before or after he appeals, the Secretary of State serves on him notice that any directions which may be given for his removal as a result of the deportation order will be for his removal to a country or one of several countries specified in the notice.
	(4) The appellant may object to the country 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.
Limitations on rights of appeal under section 53.	54. - (1) Section 53 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 53 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) revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority).
	(3) Section 53 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, he was under the age of eighteen.
	Human rights
Acts made unlawful by section 6(1) of the Human Rights Act 1998.	55. - (1) A person who alleges that an authority has, in taking any decision under the Immigration Acts 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.
	(2) For the purposes of this Part, an authority acts in breach of a person'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.
	(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 authority has, in taking any decision under the Immigration Acts relating to the appellant's entitlement to enter or remain in the United Kingdom, acted in breach of the appellant's human rights.
	(4) The adjudicator, or the Tribunal, has jurisdiction to consider the question.
	(5) If the adjudicator, or the Tribunal, decides that the authority concerned acted in breach of the appellant's human rights, the appeal may be allowed on that ground.
	(6) "Authority" means-
	(a) the Secretary of State;
	(b) an immigration officer;
	(c) a person responsible for the grant or refusal of entry clearance.
	Directions for removal
Validity of directions for removal.	56. - (1) This section applies if directions are given for a person's removal from the United Kingdom-
	(a) on the ground that he is an illegal entrant;
	(b) under section 8; or
	(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.
	(2) That person may appeal to an adjudicator against the directions on the ground that on the facts of his case there was in law no power to give them on the ground on which they were given.
	(3) This section does not entitle a person to appeal while he is in the United Kingdom unless he is appealing under section 55 or 59(5).
	(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.

Prepared 18 June 1999