Immigration Appeals Act 1969

JurisdictionUK Non-devolved
Citation1969 c. 21


Immigration Appeals Act1969

1969 CHAPTER 21

An Act to confer rights of appeal against the exercise by the Secretary of State and officers acting under his instructions of their powers in respect of the admission into and removal from the United Kingdom of persons to whom section 1 or 6 of the Commonwealth Immigrants Act 1962 applies, and to enable provision to be made by Order in Council for conferring corresponding rights of appeal on aliens; to enable deportation orders to be made without the recommendation of a court in the case of persons to whom the said section 6 applies who fail to comply with conditions subject to which they have been admitted into the United Kingdom; to make provision as respects the holding of entry certificates by certain persons to whom the said section 1 applies who seek admission into the United Kingdom; to make the owners or agents of ships and aircraft liable for certain expenses incurred in respect of persons to whom the said section 1 applies who are directed to be removed from the United Kingdom; and for purposes connected with the matters aforesaid.

[16th May 1969]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Immigration Appeals

Part I

Immigration Appeals

The appellate authorities

The appellate authorities

S-1 The adjudicators and the Tribunal.

1 The adjudicators and the Tribunal.

(1) For the purposes of this Part of this Act there shall be—

(a ) adjudicators appointed by the Secretary of State; and

(b ) an Immigration Appeal Tribunal (hereafter in this Act referred to as ‘the Tribunal’) whose members shall be appointed by the Lord Chancellor.

(2) Schedule 1 to this Act shall have effect in relation to the adjudicators and the Tribunal.

Rights of appeal

Rights of appeal

S-2 Appeal against exclusion from United Kingdom.

2 Appeal against exclusion from United Kingdom.

(1) Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against—

(a ) a refusal under section 2(1) of the Act of 1962 to admit him into the United Kingdom;

(b ) a prohibition on his landing imposed under paragraph 8(1) of Schedule 1 to that Act (prohibition on member of ship's crew landing without authority);

(c ) a refusal of an application for the grant to him of an entry certificate, being an application duly made to a person having authority to grant such a certificate on behalf of the Government of the United Kingdom.

(2) The adjudicator shall dismiss any appeal under subsection (1) of this section if it appears to him that, at the time of the refusal or prohibition, a deportation order was in force in respect of the appellant; and he shall dismiss any appeal under paragraph (a ) of that subsection if it appears to him that the appellant has landed in the United Kingdom in contravention of section 4A of the Act of 1962 (landing without fulfilling conditions as to examination).

(3) Schedule 2 to this Act shall have effect for suspending the enforcement of any such refusal as is mentioned in subsection (1)(a ) of this section while an appeal against it is pending under this Part of this Act.

S-3 Appeal against conditions of admission.

3 Appeal against conditions of admission.

(1) Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against—

(a ) the imposition in his case of any condition of admission restricting the period for which he may remain in the United Kingdom to less than seven or such other number of days as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State;

(b ) the variation by a notice under paragraph 2(5) of Schedule 1 to the Act of 1962 of any condition of admission which has been imposed in his case;

(c ) a refusal to revoke or vary, by such a notice as aforesaid, any condition of admission which has been imposed in his case.

(2) The power to make orders for the purposes of subsection (1)(a ) of this section shall be exercisable by statutory instrument and shall include power to revoke or vary any previous order so made.

(3) Where an appeal is duly brought under subsection (1)(a ) or (c ) of this section the appellant shall not, so long as the appeal is pending, be required to leave the United Kingdom by reason of any condition restricting the period for which he may remain there; and where an appeal is duly brought under subsection (1)(b ) of this section the variation which is the subject of the appeal shall not take effect so long as the appeal is pending.

(4) In this section ‘condition of admission’ means a condition subject to which a person is admitted into the United Kingdom under section 2(1) of the Act of 1962, and in subsection (1)(b ) and (c ) includes any condition so far as it has effect in the United Kingdom by virtue of paragraph 2 of Schedule 3 to that Act (conditions imposed in the Channel Islands or Isle of Man).

S-4 Appeal against deportation orders.

4 Appeal against deportation orders.

(1) Subject to subsection (2) of this section and to the other provisions of this Part of this Act, a person may appeal to an adjudicator against—

(a ) a decision of the Secretary of State to make a deportation order in respect of him under Part II of this Act;

(b ) a refusal by the Secretary of State to revoke a deportation order made in respect of him under the said Part II or under Part II of the Act of 1962.

(2) A person shall not be entitled to appeal under subsection (1)(b ) of this section until he has complied with the requirement in the order in question that he should leave the United Kingdom or while he is in breach of the prohibition in it against returning there.

(3) A deportation order shall not be made under Part II of this Act so long as an appeal may be brought against the decision to make that order and, if such an appeal is duly brought, so long as the appeal is pending.

S-5 Appeal against directions for removal from United Kingdom.

5 Appeal against directions for removal from United Kingdom.

(1) Subject to the provisions of this Part of this Act, a person may appeal to an adjudicator against the giving of directions for his removal from the United Kingdom in any case where the directions are given—

(a ) on the ground that he is to be treated by virtue of paragraph 8(2) or 9 of Schedule 1 to the Act of 1962 as having been refused admission into the United Kingdom (member of ship's crew landing or remaining illegally and person arriving as stowaway); or

(b ) on the ground that he has returned to the United Kingdom in breach of a deportation order.

(2) In any appeal under subsection (1) of this section against the giving of any directions, the only question for the determination of the adjudicator shall be whether the facts of the case are such that there was in law power to give the directions on the ground on which they were given or, in the case of an appeal under paragraph (a ) of that subsection, either on that ground or on the ground that a deportation order was in force in respect of the appellant; and if the adjudicator determines that question in the affirmative he shall dismiss the appeal.

(3) Subject to subsection (4) of this section and to the other provisions of this Part of this Act, where directions are given for the removal of a person from the United Kingdom he may appeal to an adjudicator against the giving of the directions on the ground that he ought not to be removed to the country or territory to which he would be removed if the directions were carried out.

(4) Where a person appeals against the giving of any directions both under subsection (1) and under subsection (3) of this section the appeals shall be heard together; and where a person appeals under section 2(1)(a ) or section 4 of this Act, then, if the Secretary of State or an immigration officer has served on him (whether before or after the appeal is brought) a notice stating that any directions for his removal from the United Kingdom which may be given by virtue of the refusal or deportation order which is the subject of the appeal will be such as to effect his removal to a country or territory, or one of several countries or territories, specified in the notice—

(a ) the appellant shall be entitled in that appeal to object that he ought not to be removed to the country or territory, or to any of the countries or territories, specified in the notice; and

(b ) no appeal shall lie under subsection (3) of this section against any directions which are subsequently given by virtue of the refusal or deportation order in question if their effect would be his removal to a country or territory to which he has not objected as aforesaid or as respects which his objection has not been sustained.

(5) Where before a person appeals under section 2(1)(a ) of this Act directions have been given for his removal and those directions cease to have effect in consequence of the bringing of the appeal, the appellant shall be treated as having been served with a notice under subsection (4) of this section specifying the country or territory to which he would have been removed if those directions had been carried out.

(6) Schedule 2 to this Act shall have effect as respects the suspension of any directions while an appeal in respect of them is pending under this Part of this Act.

S-6 Notice of matters in respect of which there are rights of appeal.

6 Notice of matters in respect of which there are rights of appeal.

(1) The Secretary of State may by regulations provide—

(a ) for a notice in writing of any decision or action against which an appeal can be brought under this Part of this Act to be given to the person by whom...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT