Immigration and Asylum Bill

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

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	Objection to destination
Removal on objection to destination.	57. - (1) This section applies if directions are given under the 1971 Act for a person's removal from the United Kingdom-
	(a) on his being refused leave to enter,
	(b) on a deportation order being made against him, or
	(c) on his having entered the United Kingdom in breach of a deportation order.
	(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.
Limitations on rights of appeal under section 57.	58. - (1) Section 57 does not entitle a person to appeal against directions given on his being refused leave to enter the United Kingdom unless-
	(a) he is also appealing under section 49(1) against the decision that he requires leave to enter; or
	(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.
	(2) If a person is entitled to object to a country on an appeal under section 49 or 53 and-
	(a) he does not object to it on that appeal, or
	(b) his objection to it on that appeal is not sustained,
	section 57 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.
	(3) A person who claims that he ought to be removed to a country other than one he has objected to on an appeal under section 49, 53 or 57 must produce evidence, if he is not a national or citizen of that other country, that that country will admit him.
	Asylum
Claims for asylum.	59. - (1) A person who is refused leave to enter the United Kingdom under the 1971 Act may appeal against the refusal to an adjudicator on the ground that his removal in consequence of the refusal would be contrary to the Convention.
	(2) If, as a result of a decision to vary, or to refuse to vary, a person's limited leave to enter or remain in the United Kingdom, he may be required to leave the United Kingdom within 28 days of being notified of the decision, he may appeal against the decision to an adjudicator on the ground that such a requirement would be contrary to the Convention.
	(3) A person who-
	(a) has been refused leave to enter or remain in the United Kingdom on the basis of a claim for asylum made by him, but
	(b) has been granted (whether before or after the decision to refuse leave) limited leave to enter or remain,
	may, if that limited leave will not expire within 28 days of his being notified of the decision, appeal to an adjudicator against the refusal on the ground that requiring him to leave the United Kingdom after the time limited by that leave would be contrary to the Convention.
	(4) If the Secretary of State-
	(a) has decided to make a deportation order against a person under section 5(1) of the 1971 Act, or
	(b) has refused to revoke such an order,
	that person may appeal to an adjudicator against the decision or refusal on the ground that his removal in pursuance of the order would be contrary to the Convention.
	(5) If directions are given as mentioned in section 56(1) for the removal of a person from the United Kingdom, he may appeal to an adjudicator on the ground that his removal in pursuance of the directions would be contrary to the Convention.
	(6) "Contrary to the Convention" means contrary to the United Kingdom's obligations under the Refugee Convention.
Limitations on rights of appeal under section 59.	60. - (1) Section 59(1) does not entitle a person to appeal against a refusal of leave to enter 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 was refused in compliance with any such directions.
	(2) Section 59(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 59(3) does not entitle a person to appeal against a refusal mentioned in paragraph (a) of that subsection if-
	(a) the reason for the refusal was that he was a person to whom the Refugee Convention did not apply by reason of Article 1(F) of that Convention; and
	(b) the Secretary of State has certified that the disclosure of material on which the refusal was based is not in the interests of national security.
	(5) Section 59(4)(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.
	(6) Section 59(4)(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 be 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).
	(7) A person may not bring an appeal on any of the grounds mentioned in subsections (1) to (5) of section 59-
	(a) if, before the time of the refusal, variation, decision or directions (as the case may be) he has not made a claim for asylum;
	(b) otherwise than under that section.
	(8) A person may not appeal under section 59(4)(b) if he has had the right to appeal under section 59(4)(a) (whether or not he has exercised it).
	Removal to safe countries
Removal of asylum claimants to safe third countries.	61. - (1) This section applies if a certificate has been issued under section 9 or 10.
	(2) The person in respect of whom the certificate was issued may appeal against it to an adjudicator on the ground that any of the conditions applicable to that certificate was not satisfied when it was issued, or has since ceased to be satisfied.
	Miscellaneous
Miscellaneous limitations on rights of appeal.	62. - (1) Unless a certificate issued under section 9 or 10 has been set aside on an appeal under section 55 or 61 or otherwise ceases to have effect, 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.
	(2) A person who has been, or is to be, sent to a member State or to a country designated under section 10(1)(b) is not, while he is in the United Kingdom, entitled to appeal-
	(a) under section 55 if the Secretary of State certifies that his allegation that a person acted in breach of his human rights is manifestly unfounded; or
	(b) under section 61.
	(3) No appeal under this Part may be made in relation to a decision made on an application if-
	(a) the application was required to be made in a prescribed form but was not made in that form; or
	(b) the applicant was required to take prescribed steps in relation to the application, or to take such steps at a prescribed time or within a prescribed period, but failed to do so.
Limitation on further appeals.	63. - (1) This section applies where a person ("the appellant") has appealed under this Part and that appeal ("the original appeal") has been finally determined.
	(2) If the appellant serves a notice of appeal making a claim that a decision of a decision-maker was in breach of the appellant's human rights, the Secretary of State may certify that in his opinion-
	(a) the appellant's claim could reasonably-
	(i) have been included in a statement required from him under section 64 but was not so included, or
	(ii) have been made in the original appeal but was not so made; and
	(b) the sole purpose of such a claim would be to delay the removal from the United Kingdom of the appellant or of any member of his family.
	(3) On the issuing of a certificate by the Secretary of State under subsection (2), the appeal, so far as relating to that claim, is to be treated as finally determined.
	(4) Subsection (5) applies if a notice under section 64 was served on the appellant before the determination of his original appeal and the appellant has served a further notice of appeal.
	(5) The Secretary of State may certify that grounds contained in the notice of appeal were considered in the original appeal.
	(6) On the issuing of a certificate by the Secretary of State under subsection (5), the appeal, so far as relating to those grounds, is to be treated as finally determined.
	(7) Subsection (8) applies if, on the application of the appellant, an immigration officer or the Secretary of State makes a decision in relation to the appellant.
	(8) The immigration officer or, as the case may be, the Secretary of State may certify that the application was substantially the same as the application on which the decision which was the subject of the original appeal was based.
	(9) No appeal may be brought under this Part against a decision on an application in respect of which a certificate has been issued under subsection (8).
	(10) Nothing in section 48(6) affects the operation of subsections (3) and (6).

Prepared 18 June 1999