Asylum and Immigration Act 1996

3 Appeals against certificates under section 2. U.K.

(1) Where a certificate has been issued under section 2(1) above in respect of any person—

(a) that person may appeal against the certificate to a special adjudicator on the ground that any of the conditions mentioned in section 2(2) above was not fulfilled when the certificate was issued, or has since ceased to be fulfilled; but

(b) unless and until the certificate is set aside on such an appeal, he shall not be entitled to bring or pursue any appeal under—

(i) Part II of the 1971 Act (appeals: general); or

(ii) section 8 of the 1993 Act (appeals to special adjudicator on Convention grounds),

as respects matters arising before his removal from the United Kingdom.

(2) A person who has been, or is to be, sent to a country or territory to which section 2(3) above applies shall not be entitled to bring or pursue an appeal under this section so long as he is in the United Kingdom.

(3) The Lord Chancellor shall designate such number of the adjudicators appointed for the purposes of Part II of the 1971 Act as he thinks necessary to act as special adjudicators for the purposes of this section and may from time to time vary that number and the persons who are so designated.

(4) Subject to subsection (5) below, the following provisions of the 1971 Act, namely—

(a) section 18 (notice of decisions appealable under that Part and statement of appeal rights etc.);

(b) section 19 (determination of appeals under that Part by adjudicators);

(c) section 21 (references of cases by Secretary of State for further consideration);

(d) section 22(1) to (4), (6) and (7) (rules of procedure for appeals);

(e) section 23 (grants to voluntary organisations helping persons with rights of appeal); and

(f) Schedule 5 (provisions about adjudicators and Immigration Appeal Tribunal),

shall have effect as if this section were contained in Part II of that Act.

(5) Rules of procedure under section 22 of the 1971 Act—

(a) may make special provision in relation to appeals under this section; and

(b) may make different provision in relation to appeals by persons who have been, or are to be, sent to countries or territories of different descriptions;

and so much of paragraph 5 of Schedule 5 to that Act as relates to the allocation of duties among the adjudicators shall have effect subject to subsection (3) above.

(6) Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) shall have effect as if the references to appeals under sections 13(1), 15(1)(a) and 16 of that Act included references to appeals under this section.

Commencement Information

I1 S. 3 wholly in force at 1.9.1996; s. 3 not in force at Royal Assent see s. 13(3); s. 3(3)(5) in force at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I and wholly in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II