Crime and Courts Act 2013

51 Immigration cases: appeal rights; and facilitating combined appeals U.K.

(1) In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002 (grounds of appeal: decision unlawful because of race discrimination etc by Northern Ireland public authority) after “1997” insert “ or by virtue of section 29 of the Equality Act 2010 (discrimination in the exercise of public functions etc) so far as relating to race as defined by section 9(1) of that Act ”.

(2) In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a) in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

(b) in the title, for “96 to” substitute “ 97 and ”.

(3) For section 47(1) of the Immigration, Asylum and Nationality Act 2006 (decision that person is to be removed from the United Kingdom may be made while person can bring appeal) substitute—

“(1) Where the Secretary of State gives written notice of a pre-removal decision to the person affected, the Secretary of State may—

(a) in the document containing that notice,

(b) in a document enclosed in the same envelope as that document,

(c) otherwise on the occasion when that notice is given to the person, or

(d) at any time after that occasion but before an appeal against the pre-removal decision is brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed from the United Kingdom under this section in accordance with directions given by an immigration officer if and when the person's leave to enter or remain in the United Kingdom expires.

(1A) In subsection (1) “pre-removal decision” means—

(a) a decision on an application—

(i) for variation of limited leave to enter or remain in the United Kingdom, and

(ii) made before the leave expires,

(b) a decision to revoke a person's leave to enter or remain in the United Kingdom, or

(c) a decision to vary a person's leave to enter or remain in the United Kingdom where the variation will result in the person having no leave to enter or remain in the United Kingdom.”

Commencement Information

I1 S. 51 in force at 8.5.2013 by S.I. 2013/1042, art. 2(i)