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

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Result of failure to comply with section 71.     73. - (1) In this section-
 
 
    (a) "the applicant" means the person on whom a notice has been served under section 71(4);
 
    (b) "notice" means a notice served under that section; and
 
    (c) "statement" means the statement which the notice requires the applicant to make to the Secretary of State.
      (2) If the applicant's statement does not mention a particular ground-
 
 
    (a) on which he wishes to enter or remain in the United Kingdom, and
 
    (b) of which he is aware at the material time,
  he may not rely on that ground in any appeal under the Special Immigration Appeals Commission Act 1997 or this Part.
 
      (3) Subsection (2) does not apply if-
 
 
    (a) the ground is a claim for asylum or a claim that an act breached the applicant's human rights; or
 
    (b) the Secretary of State considers that the applicant had a reasonable excuse for the omission.
      (4) Subsection (5) applies if the applicant's statement does not include a claim for asylum.
 
      (5) If the applicant claims asylum after the end of the period prescribed under section 71(6)(b), no appeal may be made under section 66 if the Secretary of State has certified that in his opinion -
 
 
    (a) one purpose of making the claim for asylum was to delay the removal from the United Kingdom of the applicant or of any member of his family; and
 
    (b) the applicant had no other legitimate purpose for making the application.
      (6) "Member of the family" has such meaning as may be prescribed.
 
"One-stop" appeals.     74. - (1) This section applies in relation to-
 
 
    (a) an appeal brought on any of the grounds mentioned in section 66;
 
    (b) any other appeal against a decision-
 
      (i) to refuse an application for leave to enter or remain in the United Kingdom;
 
      (ii) to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom, which has the result mentioned in section 71(2)(a); or
 
      (iii) 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.
      (2) Subject to section 69(2), the appellant is to be treated as also appealing on any additional grounds-
 
 
    (a) which he may have for appealing against the refusal, variation, decision or directions in question under any other provision of this Act; and
 
    (b) which he is not prevented (by any provision of section 73) from relying on.
      (3) In considering-
 
 
    (a) any ground mentioned in section 66, or
 
    (b) any question relating to the appellant's rights under Article 3 of the Human Rights Convention,
  the appellate authority may take into account any evidence which it considers to be relevant to the appeal (including evidence about matters arising after the date on which the decision appealed against was taken).
 
      (4) In considering any other ground, the appellate authority may take into account only evidence-
 
 
    (a) which was available to the Secretary of State at the time when the decision appealed against was taken; or
 
    (b) which relates to relevant facts as at that date.
      (5) "Additional grounds", in relation to an appeal, means any grounds specified in a statement made to the Secretary of State under section 71(4) other than those on which the appeal has been brought.
 
      (6) "Appellate authority" means an adjudicator, the Tribunal or the Special Immigration Appeals Commission.
 
Transfer of appellate proceedings.     75. - (1) Subsection (3) applies if-
 
 
    (a) a person who has brought an appeal under this Part has been notified of the Secretary of State's decision to make a deportation order against him; and
 
    (b) as a result of section 61(1), he is not entitled to appeal against that decision under section 60.
      (2) Subsection (3) also applies if-
 
 
    (a) a person who has brought an appeal under this Part has been notified of the Secretary of State's decision to refuse to revoke a deportation order made against him; and
 
    (b) as a result of section 61(2), he is not entitled to appeal against that refusal under section 60.
      (3) If he appeals against that decision under section 2(1) or 2A of the Special Immigration Appeals Commission Act 1997, any appeal under this Part is transferred to, and must be heard by, the Commission.
 
      (4) Subsection (5) applies if a person, in a statement required by a notice under section 71 or 72, states an additional ground which relates to a matter which may be the subject of an appeal under section 2(1) or 2A of the Special Immigration Appeals Commission Act 1997.
 
      (5) The appeal under this Part is transferred to, and must be heard by, the Commission.
 
 
Appeals without merit
Penalty on continuing an appeal without merit.     76. - (1) If, at any time before it determines an appeal, the Immigration Appeal Tribunal considers that the appeal has no merit it may notify the appellant of its opinion.
 
      (2) A notice under subsection (1) must-
 
 
    (a) include an explanation of the Tribunal's powers under this section; and
 
    (b) be made in such form as may be required by rules made under paragraph 3 of Schedule 4.
      (3) Subsection (1) does not apply if leave for appeal to the Tribunal was required.
 
      (4) Subsection (5) applies if an appeal which has been continued by the appellant after he has been given a notice under subsection (1) is dismissed.
 
      (5) The Tribunal may impose on the appellant, or on his representative, a penalty of the specified amount.
 
      (6) "Specified" means specified by an order made by the Lord Chancellor.
 
      (7) The Lord Chancellor may by order make such provision as he considers appropriate as to-
 
 
    (a) the enforcement in England and Wales and Northern Ireland, and
 
    (b) the payment and application,
  of penalties imposed under this section.
 
      (8) Such an order may, in particular, make provision similar to that made by sections 129 and 130 of the County Courts Act 1984.
 
      (9) An order imposing a penalty under subsection (5) may be enforced in Scotland as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
 
 
EEA nationals
EEA nationals.     77. - (1) The Secretary of State may by regulations make provision for appeals against any immigration decision in relation to-
 
 
    (a) an EEA national;
 
    (b) a member of the family of an EEA national;
 
    (c) a member of the family of a United Kingdom national who is neither such a national nor an EEA national.
      (2) "Immigration decision" means a decision concerning a person's removal from the United Kingdom or his entitlement-
 
 
    (a) to be admitted to the United Kingdom;
 
    (b) to reside, or to continue to reside, in the United Kingdom; or
 
    (c) to be issued with, or not to have withdrawn, a residence permit.
      (3) The regulations may also make provision for appeals against any decision concerning the matters mentioned in subsection (1) taken in relation to a citizen of any other State on whom any such entitlement has been conferred by an agreement to which the United Kingdom is a party or by which it is bound.
 
      (4) An appeal under the regulations lies to an adjudicator or, in such circumstances as may be prescribed, to the Commission.
 
      (5) The regulations may provide for appeals from the adjudicator or the Commission.
 
      (6) The regulations may prescribe cases, or classes of case, in which a person is not entitled to appeal while he is in the United Kingdom.
 
      (7) The regulations may make provision under which an appellant may be required to state, in such manner as may be prescribed, any grounds he has or may have for wishing to be admitted to, or to remain in, the United Kingdom additional to those on which he is appealing and for the consequences of such a requirement.
 
      (8) The regulations may-
 
 
    (a) amend sections 2 and 2A of the Special Immigration Appeals Commission Act 1997 (appellate jurisdiction of the Commission);
 
    (b) amend or revoke the Immigration (European Economic Area) Order 1994.
      (9) Part IV has effect subject to any regulations made under this section.
 
      (10) "EEA national" means a person who is, or claims to be, a national of an EEA State (other than the United Kingdom).
 
      (11) "United Kingdom national" means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties.
 
      (12) If a person claims to be an EEA national, he may not appeal under the regulations unless he produces-
 
 
    (a) a valid national identity card, or
 
    (b) a valid passport,
  issued by an EEA State other than the United Kingdom.
 
      (13) For the purposes of subsection (12), a document-
 
 
    (a) is to be regarded as being what it purports to be unless its falsity is reasonably apparent; and
 
    (b) is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.
      (14) The regulations may-
 
 
    (a) prescribe the persons who, for the purposes of this section, are the members of a person's family; and
 
    (b) make provision as to the manner in which membership of a person's family is to be established.
      (15) "Residence permit" means any permit or other document issued by the Secretary of State as proof of the holder's right of residence in the United Kingdom.
 
 
Grants
Grants to voluntary organisations.     78. - (1) The Secretary of State may, with the approval of the Treasury, make grants to any voluntary organisation which provides advice or assistance for, or other services for the welfare of, persons who have rights of appeal under this Act.
 
      (2) Grants may be made on such terms, and subject to such conditions, as the Secretary of State may determine.
 
 
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Prepared 22 October 1999