Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Lords

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	PART IV
	APPEALS
	The appellate authorities
The Immigration Appeal Tribunal.	50. - (1) There is to continue to be an Immigration Appeal Tribunal.
	(2) Schedule 2 makes further provision about the Tribunal.
Adjudicators.	51. - (1) There are to be such number of adjudicators for the purposes of this Act as the Lord Chancellor may determine.
	(2) The Lord Chancellor must appoint one of the adjudicators as Chief Adjudicator.
	(3) Schedule 3 makes further provision about the adjudicators.
	Appeals
General.	52. - (1) The right of appeal given by a particular provision of this Part is to be read with any other provision of this Part which restricts or otherwise affects that right.
	(2) Part I of Schedule 4 makes provision with respect to the procedure applicable in relation to appeals under this Part.
	(3) Part II of Schedule 4 makes provision as to the effect of appeals.
	(4) Part III of Schedule 4 makes provision-
	(a) with respect to the determination of appeals under this Part; and
	(b) for further appeals.
	(5) For the purposes of the Immigration Acts, an appeal under this Part is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
	(6) An appeal is not to be treated as finally determined while a further appeal may be brought under paragraph 22 or 23 of Schedule 4.
	(7) If such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
	(8) A pending appeal under this Part is to be treated as abandoned if the appellant leaves the United Kingdom.
	(9) A pending appeal under any provision of this Part other than section 63(3) is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
	(10) A pending appeal under section 55 is to be treated as abandoned if a deportation order is made against the appellant.
	Leave to enter
Leave to enter the United Kingdom.	53. - (1) A person who is refused leave to enter the United Kingdom under any provision of the 1971 Act may appeal to an adjudicator against-
	(a) the decision that he requires leave; or
	(b) the refusal.
	(2) A person who, on an application duly made, is refused a certificate of entitlement or an entry clearance may appeal to an adjudicator against the refusal.
	(3) Subsection (4) applies if a person appeals under this section on being refused leave to enter the United Kingdom and-
	(a) before he appeals, directions have been given for his removal from the United Kingdom; or
	(b) before or after he appeals, the Secretary of State or an immigration officer serves on him notice that any directions which may be given for his removal as a result of the refusal will be for his removal to a country or one of several countries specified in the notice.
	(4) The appellant may-
	(a) object to the country to which he would be removed in accordance with the directions, or
	(b) 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, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom if he does not hold-
	(a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
	(b) a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.
	(2) Section 53 does not entitle a person to appeal, on the ground that he does not require leave to enter the United Kingdom, against a decision that he does require such leave if he is required by immigration rules or an order under section 8(2) of the 1971 Act to hold a specified document but does not do so.
	(3) A person is not entitled to appeal under section 53 against a refusal of leave to enter while he is in the United Kingdom unless, at the time of the refusal, he held a current entry clearance or was a person named in a current work permit.
	(4) Subsection (5) applies to a person who seeks to enter the United Kingdom-
	(a) as a visitor;
	(b) in order to follow a course of study of not more than six months' duration for which he has been accepted;
	(c) with the intention of studying but without having been accepted for any course of study; or
	(d) as a dependant of a person within paragraph (a), (b) or (c).
	(5) That person-
	(a) is not entitled to appeal under section 53 against a refusal of an entry clearance unless he is a family visitor; and
	(b) is not entitled to appeal against a refusal of leave to enter if he does not hold a current entry clearance at the time of the refusal.
	(6) The Secretary of State may by regulations make provision-
	(a) requiring a family visitor appealing under section 53 to pay such fee as may be fixed by the regulations;
	(b) for such an appeal not to be entertained unless the required fee has been paid by the appellant;
	(c) for the repayment of any such fee if the appeal is successful.
	(7) Section 53 does not entitle a person to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the refusal is on the ground that he or any person whose dependant he is-
	(a) does not hold a relevant document required by the immigration rules;
	(b) does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or
	(c) seeks entry for a period exceeding that permitted by the immigration rules.
	(8) The following are relevant documents-
	(a) entry clearances;
	(b) passports or other identity documents; and
	(c) work permits.
	(9) Section 53 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 conducive to the public good; or
	(b) the leave to enter, or entry clearance, was refused in compliance with any such directions.
	(10) "Family visitor" has such meaning as may be prescribed.

Prepared 30 July 1999