[ Examination of persons who arrive with continuing leave]U.K.
[2A(1)This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.U.K.
(2)He may be examined by an immigration officer for the purpose of establishing—
(a)whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
(b)whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
(c)whether there are medical grounds on which that leave should be cancelled.
[(2A)Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.]
(3)He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.
(4)He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
(5)A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
(6)A requirement under sub-paragraph (5) does not prevent a person who arrives—
(a)as a transit passenger,
(b)as a member of the crew of a ship or aircraft, or
(c)for the purpose of joining a ship or aircraft as a member of the crew,
from leaving by his intended ship or aircraft.
(7)An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
(8)An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
(9)Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and [Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals)] as if he had been refused leave to enter at a time when he had a current entry clearance.
(10)A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.]
Textual Amendments
Modifications etc. (not altering text)
3(1)An immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom . . .for the purpose of determining whether he is [a British citizen][and, if he is not a British citizen, for the purpose of establishing—U.K.
(a)his identity;
(b)whether he entered the United Kingdom lawfully;
(c)whether he has complied with any conditions of leave to enter or remain in the United Kingdom;
(d)whether his return to the United Kingdom is prohibited or restricted.
(1A)An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph.]
(2)So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the United Kingdom . . . for the purpose of determining—
(a)whether any of the provisions of the Order apply to him; and
(b)whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.
Textual Amendments
Modifications etc. (not altering text)