Immigration and Asylum Bill

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

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	"One-stop" procedure
Duty to disclose grounds for appeal etc.	64. - (1) This section applies if-
	(a) the decision on an application for leave to enter or remain in the United Kingdom is that the application be refused; and
	(b) the applicant, while he is in the United Kingdom, is entitled to appeal against the refusal under the Special Immigration Appeals Commission Act 1997 or this Act.
	(2) This section also applies if-
	(a) as a result of a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which a person has, he may be required to leave the United Kingdom within 28 days of being notified of the decision; and
	(b) that person is entitled to appeal against the decision under the Special Immigration Appeals Commission Act 1997 or this Act.
	(3) This section also applies in such other circumstances as may be prescribed.
	(4) The decision-maker 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 enter or remain in the United Kingdom.
	(5) "Decision-maker" means the Secretary of State or (as the case may be) an immigration officer.
	(6) 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.
	(7) A statement required under this section must-
	(a) if the person making it wishes to claim asylum, include a claim for asylum; and
	(b) if he claims that an act breached his human rights, include notice of that claim.
	(8) Regulations may prescribe the persons who, in relation to an applicant, are relevant members of his family.
	(9) Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.
	(10) Regulations under subsection (3) may provide for any of the provisions of sections 65, 66 or 67 to have effect (in circumstances in which this section applies as a result of the regulations) with such modifications as may be prescribed.
Result of failure to comply with section 64.	65. - (1) In this section-
	(a) "the applicant" means the person on whom a notice has been served under section 64(4);
	(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 the Special Immigration Appeals Commission Act 1997 or this Part.
	(3) Subsection (2) does not apply if-
	(a) the ground is a claim for asylum or a claim that an act breached the applicant's human rights; or
	(b) the Secretary of State considers that the applicant had a reasonable excuse for the omission.
	(4) Subsection (5) applies if the applicant's statement does not include a claim for asylum.
	(5) If the applicant claims asylum after the end of the period prescribed under section 64(6)(b), no appeal may be made under section 59 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.
	(6) "Member of the family" has such meaning as may be prescribed.
"One-stop" appeals: asylum claims.	66. - (1) This section applies in relation to an appeal brought on any of the grounds mentioned in section 59.
	(2) The adjudicator considering the appeal must also consider, and may allow the appeal on, any additional grounds-
	(a) which the appellant may have for appealing against the refusal, variation, decision or directions in question under any other provision of this Part; and
	(b) which he is not prevented (by any provision of section 65) from relying on.
	(3) The adjudicator may take into account any evidence-
	(a) which was not available to the Secretary of State when the decision appealed against was taken; and
	(b) which he considers relevant to the appeal.
	(4) The Secretary of State may by regulations make further provision with respect to appeals in relation to which additional grounds are to be considered under this section.
	(5) "Additional grounds", in relation to an appeal, means any grounds specified in a statement made to the Secretary of State under section 64(4) other than those on which the appeal has been brought.
"One-stop" appeals: other cases.	67. - (1) This section applies in relation to any appeal against-
	(a) a decision to refuse an application for leave to enter or remain in the United Kingdom;
	(b) a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom, which has the result mentioned in section 64(2)(a).
	(2) The appellate authority considering the appeal must also consider, and may allow the appeal on, any additional grounds-
	(a) which the appellant may have for appealing against the decision; and
	(b) which he is not prevented (by any provision of section 65) from relying on.
	(3) The Secretary of State may by regulations make further provision with respect to appeals in relation to which additional grounds are to be considered under this section.
	(4) "Additional grounds", in relation to an appeal, means any grounds specified in a statement made to the Secretary of State under section 64(4) other than those on which the appeal has been brought.
	(5) "Appellate authority" means an adjudicator, the Tribunal or the Special Immigration Appeals Commission.
Transfer of appellate proceedings.	68. - (1) Subsection (2) applies if a person has brought an appeal under this Part and he has been notified of a decision of the Secretary of State to make a deportation order against him which he is not entitled to appeal under section 53 as a result of section 54(2).
	(2) If he appeals against that decision under section 2(1) of the Special Immigration Appeals Commission Act 1997, any appeal under this Part is transferred to, and must be heard by, the Special Immigration Appeals Commission.
	(3) Subsection (4) applies if a person, in a statement required by a notice under section 64, states an additional ground which relates to a matter which may be the subject of an appeal under section 2(1) of the Special Immigration Appeals Commission Act 1997.
	(4) The appeal under this Part is transferred to, and must be heard by, the Special Immigration Appeals Commission.

Prepared 18 June 1999