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Miscellaneous |
| Miscellaneous limitations on rights of appeal. |
66. - (1) Unless a certificate issued under section 9 or 10 has been set aside on an appeal under section 59 or 65 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.
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(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-
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(a) under section 59 if the Secretary of State certifies that his allegation that a person acted in breach of his human rights is manifestly unfounded; or |
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(3) No appeal under this Part may be made in relation to a decision made on an application if-
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(a) the application was required to be made in a prescribed form but was not made in that form; or |
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(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. |
67. - (1) This section applies where a person ("the appellant") has appealed under this Part and that appeal ("the original appeal") has been finally determined.
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(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-
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(a) the appellant's claim could reasonably- |
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(i) have been included in a statement required from him under section 68 but was not so included, or
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(ii) have been made in the original appeal but was not so made; and
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(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. |
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(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.
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(4) Subsection (5) applies if a notice under section 68 was served on the appellant before the determination of his original appeal and the appellant has served a further notice of appeal.
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(5) The Secretary of State may certify that grounds contained in the notice of appeal were considered in the original appeal.
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(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.
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(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.
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(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.
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(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).
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(10) Nothing in section 52(6) affects the operation of subsections (3) and (6).
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"One-stop" procedure |
| Duty to disclose grounds for appeal etc. |
68. - (1) This section applies if-
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(a) the decision on an application for leave to enter or remain in the United Kingdom is that the application be refused; and |
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(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. |
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(2) This section also applies if-
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(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 |
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(b) that person is entitled to appeal against the decision under the Special Immigration Appeals Commission Act 1997 or this Act. |
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(3) This section also applies if-
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(a) the Secretary of State has decided to make a deportation order against a person under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act; and |
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(b) that person, while he is in the United Kingdom, is entitled to appeal against that decision under the Special Immigration Appeals Commission Act 1997 or this Act. |
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(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.
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(5) "Decision-maker" means the Secretary of State or (as the case may be) an immigration officer.
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(6) The statement must be-
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(b) served on the Secretary of State before the end of such period as may be prescribed. |
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(7) A statement required under this section must-
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(a) if the person making it wishes to claim asylum, include a claim for asylum; and |
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(b) if he claims that an act breached his human rights, include notice of that claim. |
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(8) Regulations may prescribe the persons who, in relation to an applicant, are relevant members of his family.
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(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.
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| Duty to disclose grounds for entering etc the United Kingdom. |
69. - (1) This section applies if a person who-
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(a) is an illegal entrant, |
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(b) is liable to be removed under section 8, or |
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(c) has arrived in the United Kingdom without- |
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(ii) an entry clearance; or
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(iii) a current work permit in which he is named,
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makes a claim for asylum or a claim that it would be contrary to the United Kingdom's obligations under the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom. |
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(2) The person responsible for the determination of the claim must serve on the claimant 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.
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(3) The statement must be-
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(b) served on the person who is responsible for the determination of the claim before the end of such period as may be prescribed. |
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(4) 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.
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(5) Regulations may prescribe the persons who, in relation to a claimant, are relevant members of his family.
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(6) Regulations may provide that, if a claim is determined against the claimant, prescribed provisions of section 67, 70, 71 or 72 are to apply to an appeal against that determination by a person on whom a notice has been served under subsection (2), with such modifications (if any) as may be prescribed.
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| Result of failure to comply with section 68. |
70. - (1) In this section-
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(a) "the applicant" means the person on whom a notice has been served under section 68(4); |
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(b) "notice" means a notice served under that section; and |
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(c) "statement" means the statement which the notice requires the applicant to make to the Secretary of State. |
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(2) If the applicant's statement does not mention a particular ground-
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(a) on which he wishes to enter or remain in the United Kingdom, and |
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(b) of which he is aware at the material time, |
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he may not rely on that ground in any appeal under the Special Immigration Appeals Commission Act 1997 or this Part.
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(3) Subsection (2) does not apply if-
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(a) the ground is a claim for asylum or a claim that an act breached the applicant's human rights; or |
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(b) the Secretary of State considers that the applicant had a reasonable excuse for the omission. |
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(4) Subsection (5) applies if the applicant's statement does not include a claim for asylum.
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(5) If the applicant claims asylum after the end of the period prescribed under section 68(6)(b), no appeal may be made under section 63 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.
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(6) "Member of the family" has such meaning as may be prescribed.
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| "One-stop" appeals: asylum claims. |
71. - (1) This section applies in relation to an appeal brought on any of the grounds mentioned in section 63.
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(2) The adjudicator considering the appeal must also consider, and may allow the appeal on, any additional grounds-
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(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 |
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(b) which he is not prevented (by any provision of section 70) from relying on. |
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(3) The adjudicator may take into account any evidence-
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(a) which was not available to the Secretary of State when the decision appealed against was taken; and |
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(b) which he considers relevant to the appeal. |
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(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.
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(5) "Additional grounds", in relation to an appeal, means any grounds specified in a statement made to the Secretary of State under section 68(4) other than those on which the appeal has been brought.
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| "One-stop" appeals: other cases. |
72. - (1) This section applies in relation to any appeal against-
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(a) a decision to refuse an application for leave to enter or remain in the United Kingdom; |
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(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 68(2)(a). |
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(2) The appellate authority considering the appeal must also consider, and may allow the appeal on, any additional grounds-
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(a) which the appellant may have for appealing against the decision; and |
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(b) which he is not prevented (by any provision of section 70) from relying on. |
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(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.
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(4) "Additional grounds", in relation to an appeal, means any grounds specified in a statement made to the Secretary of State under section 68(4) other than those on which the appeal has been brought.
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(5) "Appellate authority" means an adjudicator, the Tribunal or the Commission.
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| Transfer of appellate proceedings. |
73. - (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 57 as a result of section 58(2).
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(2) If he appeals against that decision under section 2(1) or 2A of the Special Immigration Appeals Commission Act 1997, any appeal under this Part is transferred to, and must be heard by, the Commission.
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(3) Subsection (4) applies if a person, in a statement required by a notice under section 68 or 69, states an additional ground which relates to a matter which may be the subject of an appeal under section 2(1) or 2A of the Special Immigration Appeals Commission Act 1997.
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(4) The appeal under this Part is transferred to, and must be heard by, the Commission.
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