The Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015

JurisdictionUK Non-devolved
CitationSI 2015/383
Year2015

2015No. 383

IMMIGRATION

The Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015

25thFebruary2015

26thFebruary2015

6thApril2015

The Secretary of State, in exercise of the powers conferred by section 73(2), (3) and 74(8) of the Immigration Act 2014( 1), makes the following Order:

Citation and Commencement

1. This Order may be cited as the Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015 and comes into force on 6th April 2015.

Amendment to the Asylum (Procedures) Regulations 2007

2.-(1) The Asylum (Procedures) Regulations 2007( 2) are amended as follows.

(2) In regulation 5(1)(a) (Interpreters), omit ", 83 or 83A"( 3).

Amendment to the Appeals (Excluded Decisions) Order 2009

3.-(1) The Appeals (Excluded Decisions) Order 2009( 4) is amended as follows.

(2) In article 3(m) (Excluded decisions), omit ", 83 or 83A".

Amendments to the UK Border Agency (Complaints and Misconduct) Regulations 2010

4.-(1) The UK Border Agency (Complaints and Misconduct) Regulations 2010( 5) are amended as follows.

(2) In regulation 2(1) (Interpretation)-

(a) omit the definition of "immigration decision";

(b) at the appropriate points, insert-

""human rights claim" has the same meaning as in section 113 of the Nationality, Immigration and Asylum Act 2002( 6);" and

""protection status" and "protection claim" have the same meaning as in section 82(2) of the Nationality, Immigration and Asylum Act 2002( 7);".

(3) In regulation 2(3)(ii), for "asylum" substitute "a person's protection or human rights claim, or to revoke a person's protection status".

Saving provision

5.-(1) In this article, "the Commencement Order" means the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014( 8).

(2) Where the Secretary of State has made a decision to which article 9 of the Commencement Order applies and an appeal has been brought against that decision-

(a) regulation 5(1)(a) (Interpreters) of the Asylum (Procedures) Regulations 2007; and

(b) article 3(m) (Excluded decisions) of the Appeals (Excluded Decisions) Order 2009

continue to have effect as if the references to sections 83 and 83A were not omitted.

(3) Where the Secretary of State has made a decision to which article 9 of the Commencement Order applies, regulation 2(1) and (3)(i) and (ii) of the UK Border Agency (Complaints and Misconduct) Regulations 2010 continues to have effect as if the amendments made...

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