Immigration (Notices) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/658 |
2003 No. 658
IMMIGRATION
The Immigration (Notices) Regulations 2003
Made 11th March 2003
Laid before Parliament 11th March 2003
Coming into force 1st April 2003
The Secretary of State, in exercise of the powers conferred on him by section 105 and 112(1) to (3) of the Nationality, Immigration and Asylum Act 20021, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Immigration (Notices) Regulations 2003 and shall come into force on the 1st April 2003.
Interpretation
2. In these Regulations—
“the 1971 Act” means the Immigration Act 19712;
“the 1997 Act” means the Special Immigration Appeals Commission Act 19973;
“the 1999 Act” means the Immigration and Asylum Act 19994;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“decision-maker” means—
(a) the Secretary of State;
(b) an immigration officer;
(c) an entry clearance officer;
“EEA decision” means an immigration decision within the meaning of section 109(3) of the 2002 Act or a decision under Regulation 1251/705which concerns a person's—
(a) removal from the United Kingdom;
(b) entitlement to be admitted to the United Kingdom; or
(c) entitlement to be issued with or to have removed, or not to have removed, a residence permit or residence document;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
“immigration decision” has the same meaning as in section 82(2) of the 2002 Act;
“minor” means a person who is under 18 years of age;
“notice of appeal” means a notice in the appropriate prescribed form in accordance with the rules for the time being in force under section 106(1) of the 2002 Act;
“Procedure Rules” means rules made under section 106(1) of the 2002 Act;
“representative” means a person who appears to the decision-maker—
(a) to be the representative of a person referred to in regulation 4(1) below; and
(b) not to be prohibited from acting as a representative by section 84 of the 1999 Act.
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 Act6(appeals in respect of deportation orders); or
(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).
Notice of decisions
4.—(1) Subject to regulation 6, the decision-maker must give written notice to a person of any immigration decision or EEA decision taken in respect of him which is appealable.
(2) The decision-maker must give written notice to a person of the relevant grant of leave to enter or remain if, as a result of that grant, a right of appeal arises under section 83(2) of the 2002 Act.
(3) If the notice is given to the representative of the person, it is to be taken to have been given to the person.
Contents of notice
5.—(1) A notice given under regulation 4(1) is to—
(a)
(a) include or be accompanied by a statement of the reasons for the decision to which it relates; and
(b)
(b) if it relates to an immigration decision specified in section 82(2)(a), (g), (h), (i) or (j) of the 2002 Act, state the country or territory to which it is proposed to remove the person.
(2) A notice given under regulation 4(2) is to include or be accompanied by a statement of the reasons for the rejection of the claim for asylum.
(3) Subject to paragraph (6), the notice given under regulation 4 shall also include, or be accompanied by, a statement which advises the person of—
(a)
(a) his right of appeal and the statutory provision on which his right of appeal is based;
(b)
(b) whether or not such an appeal may be brought while in the United Kingdom;
(c)
(c) the grounds on which such an appeal may be brought; and
(d)
(d) the facilities available for advice and assistance in connection with such an appeal.
(4) Subject to paragraph (6), the notice given under regulation 4 shall be accompanied by a notice of appeal which indicates the time limit for bringing the appeal, the address to which it should be sent or may be taken by hand and a fax number for service by fax.
(5) Subject to paragraph (6), where the exercise of the right is restricted by an exception or limitation by virtue of a provision of Part 5 of the 2002 Act, the notice given under regulation 4 shall include or be accompanied by a statement which refers to the provision limiting or restricting the right of appeal.
(6) The notice given under regulation 4 need not comply with paragraphs (3), (4) and (5) where a right of appeal may only be exercised on the grounds referred to in section 84(1)(b), (c) or (g) of the 2002 Act by virtue of the operation of section 88(4), 89(3), 90(4), 91(2), 98(4) or (5) of that Act.
(7) Where notice is given under regulation 4 and paragraph (6) applies, if the person claims in relation to the immigration decision or the EEA decision that—
(a)
(a) the decision is unlawful by virtue of section 19B of the Race Relations Act 19767(discrimination by public authorities);
(b)
(b) the decision is unlawful under section 6 of the Human Rights Act 19988(public authority not to act...
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