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Nationality, Immigration and Asylum Act 2002

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Status:

Point in time view as at 30/10/2020.

Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Cross Heading: Procedure is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

ProcedureU.K.

F1103AReview of Tribunal’s decisionU.K.

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F1103BAppeal from Tribunal following reconsiderationU.K.

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F1103CAppeal from Tribunal instead of reconsiderationU.K.

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F1103DReconsideration: legal aidU.K.

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F1103EAppeal from Tribunal sitting as panelU.K.

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104 Pending appealU.K.

(1)An appeal under section 82(1) is pending during the period—

(a)beginning when it is instituted, and

(b)ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).

[F2(2)An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—

(a)an application for permission to appeal under section 11 or 13 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination,

(b)permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or

(c)an appeal has been remitted under section 12 or 14 of that Act and is awaiting determination.]

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(4)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A)An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to [F6subsection (4B)]).

(4B)Subsection (4A) shall not apply to an appeal in so far as it is brought on [F7a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection)] where the appellant—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)gives notice, in accordance with [F9Tribunal Procedure Rules], that he wishes to pursue the appeal in so far as it is brought on that ground.

F10(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 104(3) omitted (4.4.2005) and repealed (prosp.) by virtue of Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 26, 47, 48(1)-(3), Sch. 2 para. 20(b), Sch. 4; S.I. 2005/565, art. 2 (with savings in arts. 3-9)

F4S. 104(4)-(4C) substituted (13.11.2006) for s. 104(4) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 9, 62; S.I. 2006/2838, art. 3

F5S. 104(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F6Words in s. 104(4A) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(3); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F7Words in s. 104(4B) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(4)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F8S. 104(4B)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(4)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F10S. 104(4C) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F11S. 104(5) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 47(5); S.I. 2014/2771, art. 2(e) (with arts. 9-11 (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8) and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C1S. 104 applied (with modifications) by 1997 c. 68, s. 2(2)(j) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

105 Notice of immigration decisionU.K.

(1)The Secretary of State may make regulations requiring a person to be given written notice where an [F12appealable] decision is taken in respect of him.

(2)The regulations may, in particular, provide that a notice under subsection (1) of [F13an appealable decision] must state—

(a)that there is a right of appeal under [F14section 82], and

(b)how and when that right may be exercised.

(3)The regulations may make provision (which may include presumptions) about service.

[F15(4)In this section “appealable decision” means a decision mentioned in section 82(1).]

Textual Amendments

F12Word in s. 105(1) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(2); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F13Words in s. 105(2) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(3)(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F14Words in s. 105(2)(a) substituted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(3)(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F15S. 105(4) inserted (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 48(4); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C3S. 105 applied (with modifications) by 1997 c. 68, s. 2(2)(k) (as substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7 para. 20 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

106 RulesU.K.

F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(3)In the case of an appeal under section 82 F20... or by virtue of section 109, Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).]

(4)A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with [F21Tribunal Procedure Rules in connection with proceedings under section 82 F22... or by virtue of section 109] to attend before F23. . . the Tribunal—

(a)to give evidence, or

(b)to produce a document.

(5)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F20Words in s. 106(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 49(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F22Words in s. 106(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 49(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C5S. 106 extended by 1981 c. 61, s. 40A(7) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

107 Practice directionsU.K.

F24(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(3)In the case of proceedings under section 82 F28... or by virtue of section 109, or proceedings in the Upper Tribunal arising out of such proceedings, practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007—

(a)may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and

(b)may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.]

[F29(3A)In subsection (3) the reference to a decision of the Tribunal includes—

(a)a decision of the Asylum and Immigration Tribunal, and

(b)a decision of the Immigration Appeal Tribunal.]

F30(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Words in s. 107(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 50; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

C7S. 107 extended by 1981 c. 61, s. 40A(8) (as substituted (1.4.2003) by 2002 c. 41, ss. 4(1), 162(2) (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1))

108 Forged document: proceedings in privateU.K.

(1)This section applies where it is alleged—

(a)that a document relied on by a party to an appeal under section 82 F31... is a forgery, and

(b)that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.

(2)[F32The Tribunal]

(a)must investigate the allegation in private, and

(b)may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).

Textual Amendments

F31Words in s. 108(1)(a) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 51; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Modifications etc. (not altering text)

Yn ôl i’r brig

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