Immigration and Asylum Appeals (Notices) Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/2246
Year2000

2000 No. 2246

IMMIGRATION

The Immigration and Asylum Appeals (Notices) Regulations 2000

Made 16th August 2000

Laid before Parliament 24th August 2000

Coming into force 2nd October 2000

The Secretary of State, in exercise of the powers conferred upon him by section 166(3) of the Immigration and Asylum Act 19991, and by paragraph 1 of Schedule 4 to that Act2, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Immigration and Asylum Appeals (Notices) Regulations 2000 and shall come into force on 2nd October 2000.

(2) The Immigration Appeals (Notices) Regulations 19843are hereby revoked.

S-2 Interpretation

Interpretation

2. In these Regulations—

the 1971 Act” means the Immigration Act 19714;

the 1997 Act” means the Special Immigration Appeals Commission Act 19975;

the 1999 Act” means the Immigration and Asylum Act 1999;

“appeal” means an appeal under—

(a) Part IV of the 1999 Act (including any regulations made under section 80 of the 1999 Act, whether or not such regulations are also made under section 2(2) of the European Communities Act 19726);

(b) the 1997 Act;

and “appealable” is to be construed accordingly, unless the context otherwise requires;

“decision-maker” means—

(a) the Secretary of State;

(b) an immigration officer;

(c) an entry clearance officer;

“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

“representative” means a person who appears to the decision-maker—

(a) to be the representative of a requisite person; and

(b) not to be prohibited from acting as a representative by section 84 of the 1999 Act;

“requisite person” has the meaning given to it by regulation 4(1).

S-3 Transitional provision

Transitional provision

3. These Regulations apply to a decision to make a deportation order which, by virtue of paragraph 12 of Schedule 15 to the 1999 Act,—

(a) is appealable under section 15 of the 1971 Act (appeals in respect of deportation orders);

(b) would be appealable under section 15 of the 1971 Act, but for section 15(3) (deportation conducive to public good), and is appealable under section 2(1)(c) of the 1997 Act (appeal to Special Immigration Appeals Commission against a decision to make a deportation order).

S-4 Notice of appealable decisions and actions

Notice of appealable decisions and actions

4.—(1) Subject to the provisions of this regulation and to regulation 6, the decision-maker must give written notice to a person (the “requisite person”) of any decision or action taken in respect of him which is appealable.

(2) If the notice is given to the representative of the requisite person, it is to be taken to have been given to the requisite person.

(3) Where the notice is given as required by paragraph (1) of a decision to refuse leave to a person to enter the United Kingdom, it is not necessary in addition for notice to be given of the decision that he requires leave unless he claims or has claimed that leave is not required.

(4) No notice of decision is required to be given under paragraph (1) by reason only of the fact that the decision could be appealed under section 65 of the 1999 Act or section 2A of the 1997 Act if the person in question were to make an allegation that an authority had acted in breach of his human rights in taking it; but such notice must be given upon such allegation being made.

(5) In paragraph (4), “authority” has the meaning given to it by section 65(7) of the 1999 Act.

S-5 Contents of notice

Contents of notice

5.—(1) A notice given under regulation 4 is to—

(a)

(a) include a statement of the reasons for the decision or action to which it relates; and

(b)

(b) if it relates to the giving of directions for the removal of the person from the United Kingdom, include a statement of the country to which he is to be removed.

(2) The notice is also to include, or to be accompanied by, a statement informing the requisite person of—

(a)

(a) his right of appeal and the statutory...

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