Statutory Instruments

2003 No. 518

IMMIGRATION

The Immigration Appeals (Family Visitor) Regulations 2003

Made

5th March 2003

Laid before Parliament

10th March 2003

Coming into force

1st April 2003

The Secretary of State, in exercise of the powers conferred on him by sections 90(2) and (3) and 112(1), (2) and (3) of the Nationality, Immigration and Asylum Act 2002(1), hereby makes the following Regulations:

1. These Regulations may be cited as the Immigration Appeals (Family Visitor) Regulations 2003 and shall come into force on 1st April 2003.

2.—(1) For the purposes of section 90(1) of the Nationality, Immigration and Asylum Act 2002, a “member of the applicant’s family” is any of the following persons—

(a)the applicant’s spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin;

(b)the father, mother, brother or sister of the applicant’s spouse;

(c)the spouse of the applicant’s son or daughter;

(d)the applicant’s stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; or

(e)a person with whom the applicant has lived as a member of an unmarried couple for at least two of the three years before the day on which his application for entry clearance was made.

(2) In these Regulations, “first cousin” means, in relation to a person, the son or daughter of his uncle or aunt.

Home Office

Beverley Hughes

Minister of State

5th March 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations define who is to be regarded as a member of the applicant’s family for the purposes of section 90 of the Nationality, Immigration and Asylum Act 2002 (the Act), which gives a person who seeks to enter the United Kingdom as a visitor the right of appeal against a refusal of entry clearance only if the application for entry clearance was made for the purpose of visiting a member of his family.

(1)

2002 c. 41; the powers in section 90(2) are extended by section 90(3).