Immigration and Asylum Bill

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

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	Appeals without merit
Penalty on continuing an appeal without merit.	74. - (1) If, at any time before it determines an appeal, the Immigration Appeal Tribunal considers that the appeal has no merit it may notify the appellant of its opinion.
	(2) A notice under subsection (1) must-
	(a) include an explanation of the Tribunal's powers under this section; and
	(b) be made in such form as may be required by rules made under paragraph 3 of Schedule 4.
	(3) Subsection (1) does not apply if leave for appeal to the Tribunal was required.
	(4) Subsection (5) applies if an appeal which has been continued by the appellant after he has been given a notice under subsection (1) is dismissed.
	(5) The Tribunal may impose on the appellant, or on his representative, a penalty of the specified amount.
	(6) "Specified" means specified by an order made by the Lord Chancellor.
	(7) The Lord Chancellor may by order make such provision as he considers appropriate as to-
	(a) the enforcement in England and Wales and Northern Ireland, and
	(b) the payment and application,
	of penalties imposed under this section.
	(8) Such an order may, in particular, make provision similar to that made by sections 129 and 130 of the County Courts Act 1984.
	(9) An order imposing a penalty under subsection (5) may be enforced in Scotland as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
	EEA nationals
EEA nationals.	75. - (1) The Secretary of State may by regulations make provision for appeals against any decision taken in relation to an EEA national, or a member of the family of an EEA national, concerning his entitlement-
	(a) to be admitted to the United Kingdom;
	(b) to reside, or to continue to reside, in the United Kingdom; and
	(c) to be issued with, or not to have withdrawn, a residence permit.
	(2) The regulations may also make provision for appeals against any decision concerning the matters mentioned in subsection (1) taken in relation to a citizen of any other State on whom any such entitlement has been conferred by an agreement to which the United Kingdom is a party or by which it is bound.
	(3) An appeal under the regulations lies to an adjudicator or, in such circumstances as may be prescribed, to the Commission.
	(4) The regulations may provide for appeals from the adjudicator or the Commission.
	(5) The regulations may prescribe cases, or classes of case, in which a person is not entitled to appeal while he is in the United Kingdom.
	(6) The regulations may make provision under which an appellant may be required to state, in such manner as may be prescribed, any grounds he has or may have for wishing to be admitted to, or to remain in, the United Kingdom additional to those on which he is appealing and for the consequences of such a requirement.
	(7) The regulations may-
	(a) amend sections 2 and 2A of the Special Immigration Appeals Commission Act 1997 (appellate jurisdiction of the Commission);
	(b) amend or revoke the Immigration (European Economic Area) Order 1994.
	(8) Part IV has effect subject to any regulations made under this section.
	(9) "EEA national" means a person who is, or claims to be, a national of an EEA State (other than the United Kingdom).
	(10) If a person claims to be an EEA national, he may not appeal under the regulations unless he produces-
	(a) a valid national identity card, or
	(b) a valid passport,
	issued by an EEA State other than the United Kingdom.
	(11) For the purposes of subsection (10), a document-
	(a) is to be regarded as being what it purports to be unless its falsity is reasonably apparent; and
	(b) is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.
	(12) The regulations may-
	(a) prescribe the persons who, in relation to an EEA national, are the members of his family; and
	(b) make provision as to the manner in which membership of a person's family is to be established.
	(13) "Residence permit" means any permit or other document issued by the Secretary of State as proof of the holder's right of residence in the United Kingdom.
	Grants
Grants to voluntary organisations.	76. - (1) The Secretary of State may, with the approval of the Treasury, make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Act.
	(2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.

Prepared 30 July 1999