Immigration, Asylum and Nationality Act 2006

SCHEDULES

Section 14

SCHEDULE 1 Immigration and Asylum Appeals: Consequential Amendments

Nationality, Immigration and Asylum Act 2002 (c. 41)

1 The Nationality, Immigration and Asylum Act 2002 (appeals) shall be amended as follows.

2 In section 72(9) (serious criminal) after “, 83” insert “, 83A”.

3 In section 85(4) (matters to be considered) for “or 83(2)” substitute “, 83(2) or 83A(2)”.

4 In section 86(1) (determination of appeal) for “or 83.” substitute “, 83 or 83A.”

5 In section 87(1) (successful appeal: direction) for “or 83” substitute “, 83 or 83A”.

6 In section 97(1) and (3) (national security, &c.) for “or 83(2)” substitute “, 83(2) or 83A(2)”.

7 In section 103A(1) (review of Tribunal’s decision) for “or 83” substitute “, 83 or 83A”.

8 In section 103E(1) (appeal from Tribunal sitting as panel) for “or 83” substitute “, 83 or 83A”.

9 In section 106(1)(a) and (b) (rules) for “or 83” substitute “, 83 or 83A”.

10 In section 108(1)(a) (forged document: proceedings in private) for “or 83” substitute “, 83 or 83A”.

11 In section 112 (regulations and orders) in subsection (5) for “94(6)” substitute “94(6) or (6B)”.

Race Relations Act 1976 (c. 74)

12 In section 57A(5) of the Race Relations Act 1976 (discrimination claims in immigration cases) in the definition of “immigration appellate body” for “an adjudicator appointed for the purposes of Part 5 of the 2002 Act, the Immigration Appeal Tribunal,” substitute “the Asylum and Immigration Tribunal,”.

British Nationality Act 1981 (c. 61)

13 In section 40A(3) of the British Nationality Act 1981 (deprivation of citizenship: appeal) for “or 83” substitute “, 83 or 83A”.

Special Immigration Appeals Commission Act 1997 (c. 68)

14 In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals)—

(a) in subsection (1)(a) and (b) for “or 83(2)” substitute “, 83(2) or 83A(2)”,

(b) in subsection (2)(a)—

(i) after “3C” insert “or 3D”, and

(ii) for “(continuation of leave pending variation decision)” substitute “continuation of leave”, and

(c) in subsection (3)—

(i) for “an appeal against the rejection of a claim for asylum” substitute “an appeal against a decision other than an immigration decision”, and

(ii) after “83(2)” insert “or 83A(2)”.

Section 52

SCHEDULE 2 Fees: Consequential Amendments

British Nationality Act 1981 (c. 61)

1 In section 41 of the British Nationality Act 1981 (regulations and Orders in Council)—

(a) omit subsection (2), and

(b) in subsection (3)—

(i) omit “or (2)”, and

(ii) omit paragraph (b).

2 Section 42A of the British Nationality Act 1981 (registration and naturalisation: fee) shall cease to have effect.

Immigration and Asylum Act 1999 (c. 33)

3 Sections 5 and 27 of the Immigration and Asylum Act 1999 (charges) shall cease to have effect.

Nationality, Immigration and Asylum Act 2002 (c. 41)

4 In section 10(2) (right of abode: certificate of entitlement)—

(a) paragraph (e) shall cease to have effect, and

(b) in paragraph (f) for “(a) to (e)” substitute “(a) to (d)”.

5 Section 122 (fee for work permit, &c.) shall cease to have effect.

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

6 (1) Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (amount of fees) shall be amended as follows.

(2) In subsection (1)—

(a) for “In prescribing a fee for an application or process under a provision specified in subsection (2)” substitute “In prescribing a fee under section 51 of the Immigration, Asylum and Nationality Act 2006 (fees) in connection with a matter specified in subsection (2)”, and

(b) omit “, with the consent of the Treasury,”.

(3) For subsection (2) substitute—

“(2) Those matters are—

(a) anything done under, by virtue of or in connection with a provision of the British Nationality Act 1981 (c. 61) or of the former nationality Acts (within the meaning given by section 50(1) of that Act),

(b) an application for leave to remain in the United Kingdom,

(c) an application for the variation of leave to enter, or remain in, the United Kingdom,

(d) section 10 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement),

(e) a work permit, and

(f) any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.”

Section 61

SCHEDULE 3 Repeals

Short title and chapter	Extent of repeal
Prison Act 1952 (c. 52)	Section 55(4A).
Immigration Act 1971 (c. 77)	In section 27, in paragraph (c) the words “as owner or agent of a ship or aircraft or”.
	Section 31A.
	Section 32(5).
	In Schedule 2, paragraph 4(2A).
British Nationality Act 1981	In section 40A(3), the word “and” before paragraph (d).
	Section 41(2).
	In section 41(3)— (a) the words “or (2)”, and (b) paragraph (b).
	Section 42A.
Asylum and Immigration Act 1996 (c. 49)	Sections 8 and 8A.
Immigration and Asylum Act 1999 (c. 33)	Section 5.
	Section 27.
	In section 167(1), the definition of “the Immigration Acts”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)	Section 33.
Nationality, Immigration and Asylum Act 2002 (c. 41)	Section 10(2)(e).
	Section 82(3).
	Section 110.
	Section 122.
	Section 158.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)	Section 25.
	In section 42(1) the words “, with the consent of the Treasury,”.
	Section 44.
Civil Partnership Act 2004 (c. 33)	Paragraph 2(3) of Schedule 23.