Immigration and Asylum Bill - continued        House of Lords
PART IV, APPEALS - continued

back to previous text
 
 
Removal to safe countries
Removal of asylum claimants to safe third countries.     68. - (1) This section applies if a certificate has been issued under section 10 or 11.
 
      (2) The person in respect of whom the certificate was issued may appeal against it to an adjudicator on the ground that any of the conditions applicable to that certificate was not satisfied when it was issued, or has since ceased to be satisfied.
 
 
Miscellaneous
Miscellaneous limitations on rights of appeal.     69. - (1) Unless a certificate issued under section 10 or 11 has been set aside on an appeal under section 62 or 68 or otherwise ceases to have effect, the person in respect of whom the certificate was issued is not entitled to appeal under this Act as respects any matter arising before his removal from the United Kingdom.
 
      (2) A person who has been, or is to be, sent to a member State or to a country designated under section 11(1)(b) is not, while he is in the United Kingdom, entitled to appeal-
 
 
    (a) under section 62 if the Secretary of State certifies that his allegation that a person acted in breach of his human rights is manifestly unfounded; or
 
    (b) under section 68.
      (3) No appeal under this Part may be made in relation to a decision made on an application if-
 
 
    (a) the application was required to be made in a prescribed form but was not made in that form; or
 
    (b) the applicant was required to take prescribed steps in relation to the application, or to take such steps at a prescribed time or within a prescribed period, but failed to do so.
Limitation on further appeals.     70. - (1) This section applies where a person ("the appellant") has appealed under the Special Immigration Appeals Commission Act 1997 or this Act and that appeal ("the original appeal") has been finally determined.
 
      (2) If the appellant serves a notice of appeal making a claim that a decision of a decision-maker was in breach of the appellant's human rights, the Secretary of State may certify that in his opinion-
 
 
    (a) the appellant's claim could reasonably-
 
      (i) have been included in a statement required from him under section 71 but was not so included, or
 
      (ii) have been made in the original appeal but was not so made;
 
    (b) one purpose of such a claim would be to delay the removal from the United Kingdom of the appellant or of any member of his family; and
 
    (c) the appellant had no other legitimate purpose for making the claim.
      (3) On the issuing of a certificate by the Secretary of State under subsection (2), the appeal, so far as relating to that claim, is to be treated as finally determined.
 
      (4) Subsection (5) applies if a notice under section 71 was served on the appellant before the determination of his original appeal and the appellant has served a further notice of appeal.
 
      (5) The Secretary of State may certify that grounds contained in the notice of appeal were considered in the original appeal.
 
      (6) On the issuing of a certificate by the Secretary of State under subsection (5), the appeal, so far as relating to those grounds, is to be treated as finally determined.
 
      (7) Subsection (8) applies if, on the application of the appellant, an immigration officer or the Secretary of State makes a decision in relation to the appellant.
 
      (8) The immigration officer or, as the case may be, the Secretary of State may certify that in his opinion-
 
 
    (a) one purpose of making the application was to delay the removal from the United Kingdom of the appellant or any member of his family; and
 
    (b) the appellant had no other legitimate purpose for making the application.
      (9) No appeal may be brought under the Special Immigration Appeals Commission Act 1997 or this Act against a decision on an application in respect of which a certificate has been issued under subsection (8).
 
      (10) Nothing in section 55(6) affects the operation of subsections (3) and (6).
 
 
"One-stop" procedure
Duty to disclose grounds for appeal etc.     71. - (1) This section applies if-
 
 
    (a) the decision on an application for leave to enter or remain in the United Kingdom is that the application be refused; and
 
    (b) the applicant, while he is in the United Kingdom, is entitled to appeal against the refusal under the Special Immigration Appeals Commission Act 1997 or this Act.
      (2) This section also applies if-
 
 
    (a) as a result of a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which a person has, he may be required to leave the United Kingdom within 28 days of being notified of the decision; and
 
    (b) that person is entitled to appeal against the decision under the Special Immigration Appeals Commission Act 1997 or this Act.
      (3) This section also applies if-
 
 
    (a) the Secretary of State has decided to make a deportation order against a person under section 5(1) of the 1971 Act as a result of his liability to deportation under section 3(5) of that Act; and
 
    (b) that person, while he is in the United Kingdom, is entitled to appeal against that decision under the Special Immigration Appeals Commission Act 1997 or this Act.
      (4) The decision-maker must serve on the applicant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom.
 
      (5) "Decision-maker" means the Secretary of State or (as the case may be) an immigration officer.
 
      (6) The statement must be-
 
 
    (a) in writing; and
 
    (b) served on the Secretary of State before the end of such period as may be prescribed.
      (7) A statement required under this section must-
 
 
    (a) if the person making it wishes to claim asylum, include a claim for asylum; and
 
    (b) if he claims that an act breached his human rights, include notice of that claim.
      (8) Regulations may prescribe the persons who, in relation to an applicant, are relevant members of his family.
 
      (9) Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.
 
Duty to disclose grounds for entering etc the United Kingdom.     72. - (1) This section applies if a person who-
 
 
    (a) is an illegal entrant,
 
    (b) is liable to be removed under section 9, or
 
    (c) has arrived in the United Kingdom without-
 
      (i) leave to enter;
 
      (ii) an entry clearance; or
 
      (iii) a current work permit in which he is named,
 
    makes a claim for asylum or a claim that it would be contrary to the United Kingdom's obligations under the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
      (2) The person responsible for the determination of the claim must serve on the claimant and on any relevant member of his family a notice requiring the recipient of the notice to state any additional grounds which he has or may have for wishing to enter or remain in the United Kingdom.
 
      (3) The statement must be-
 
 
    (a) in writing; and
 
    (b) served on the person who is responsible for the determination of the claim before the end of such period as may be prescribed.
      (4) Regulations may prescribe the procedure to be followed in connection with notices given and statements made in accordance with this section and, in particular, may prescribe the form in which such notices and statements are to be given or made.
 
      (5) Regulations may prescribe the persons who, in relation to a claimant, are relevant members of his family.
 
      (6) Regulations may provide that, if a claim is determined against the claimant, prescribed provisions of section 70, 73, 74 or ("one-stop" appeals: other cases) are to apply to an appeal against that determination by a person on whom a notice has been served under subsection (2), with such modifications (if any) as may be prescribed.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 22 October 1999