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Immigration (Isle of Man) Order 1997

As Enacted Cited authorities 19 Cited in Amendments 19 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1997/275
Year1997

1997 No. 275

IMMIGRATION

The Immigration (Isle of Man) Order 1997

Made 12th February 1997

Coming into force 1st April 1997

At the Court at Buckingham Palace, the 12th day of February 1997

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 36 of the Immigration Act 19711and section 15(1) of the Asylum and Immigration Appeals Act 19932, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 This Order may be cited as the Immigration (Isle of Man) Order...

1. This Order may be cited as the Immigration (Isle of Man) Order 1997 and shall come into force on 1st April 1997.

S-2 Part II (appeals) of the Immigration Act 1971 and Part II of...

2.—(1) Part II (appeals) of the Immigration Act 1971 and Part II of Schedule 2 to that Act shall extend, with the modifications specified in the Schedule to this Order, to the Isle of Man.

(2) Section 7 of the Asylum and Immigration Appeals Act 1993 (curtailment of leave to enter or remain) shall extend, with the following modifications, to the Isle of Man—

(a)

(a) for the words “United Kingdom”, wherever occurring except in the expression “the United Kingdom’s obligations”, substitute “Isle of Man”;

(b)

(b) for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”;

(c)

(c) in subsection (2) omit the words from “or section 8(2)” to the end of the subsection.

(3) Section 1A of the Immigration (Carriers' Liability) Act 1987 (visas for transit passengers)3shall extend, with the following modifications, to the Isle of Man—

(a)

(a) for the words “Secretary of State” substitute “Lieutenant-Governor”;

(b)

(b) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(c)

(c) for subsection (3) substitute—

S-3

“3 An order under this section shall be laid before Tynwald.”

S-3 In Part I of Schedule 1 to the Immigration (Isle of Man) Order...

3. In Part I of Schedule 1 to the Immigration (Isle of Man) Order 19914—

(a) for paragraph 18(d) there shall be substituted—

“(d)

“(d) in subsection (4), omit the words from “and an appeal” to the end of the subsection.”

(b) the following provisions are revoked—

paragraph 17(b);

paragraph 20(m)(iii) and (iv);

paragraph 20(n)(iii);

paragraph 20(s).

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE

Article 2(1)

MODIFICATIONS OF THE IMMIGRATION ACT 1971 IN ITS APPLICATION TO THE ISLE OF MAN

SCH-1.1

1. For section 12 (Immigration Appeal Tribunal and adjudicators) substitute—

SCH-1.12

“Adjudicators

12 The High Bailiff and the Deputy High Bailiff shall each be an adjudicator for the purpose of hearing and determining appeals under this Act.”

SCH-1.2

2. In section 13 (appeals against exclusion)5—

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(b) omit subsections (3AA) and (3AB);

(c) in subsection (5) for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”.

SCH-1.3

3. In section 14 (appeals against conditions)6—

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(b) in subsection (3) for the words “Secretary of State” substitute “Lieutenant-Governor”;

(c) for subsection (4) substitute—

SCH-1.4

“4 A person shall not be entitled to appeal under subsection (1) above against any variation made by an instrument of a legislative character, or against any refusal of the Lieutenant-Governor to make such an instrument.”

SCH-1.4

4. In section 15 (appeals in respect of deportation orders)—

(a) for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”;

(b) in subsections (4), (5) and (6) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(c) omit subsections (7) to (9).

SCH-1.5

5. In section 16 (appeals against validity of directions for removal) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”.

SCH-1.6

6. In section 17 (appeals against removal on objection to destination)—

(a) for the words “United Kingdom”, wherever occurring, substitute “Isle of Man”;

(b) in subsections (2) and (3) for the words “Secretary of State” substitute “Lieutenant-Governor”.

SCH-1.7

7. In section 18 (notice of matters in respect of which there are rights of appeal)—

(a) in subsection (1) for the words “Secretary of State” substitute “Lieutenant-Governor”;

(b) in subsection (1)(b) for the words “United Kingdom” substitute “Isle of Man”;

(c) for subsection (3) substitute—

SCH-1.3

“3 Regulations made under this section shall be laid before Tynwald.”.

SCH-1.8

8. In section 19 (determination of appeals by adjudicators)—

(a) for the words “Secretary of State”, wherever occurring, substitute “Lieutenant-Governor”;

(b) omit subsection (4).

SCH-1.9

9. Section 20 (appeal to Tribunal) shall be omitted.

SCH-1.10

10. For section 21 (reference of cases for further consideration) substitute—

SCH-1.21

“Reference of cases by Lieutenant-Governor

21.—(1) Where in any case an adjudicator has dismissed an appeal the Lieutenant-Governor may at any time refer for consideration under this section any matter relating to the case which was not before the adjudicator.

(2) Any reference under this section shall be to an adjudicator and the adjudicator shall consider the matter which is the subject of the reference and report to the Lieutenant-Governor the opinion of the adjudicator.”

SC...

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