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Nationality and Borders Act 2022
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Nationality and Borders Act 2022, Section 21 is up to date with all changes known to be in force on or before 15 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
Prospective
21Priority removal notices: supplementaryU.K.
This section has no associated Explanatory Notes
(1)A priority removal notice remains in force until the end of the period of 12 months beginning with—
(a)the PRN cut-off date, or
(b)if later, the day on which any appeal rights of the PRN recipient in respect of a relevant claim are exhausted.
See section 82A of the Nationality, Immigration and Asylum Act 2002 (the “2002 Act”) for the consequences of a priority removal notice being in force.
(2)In subsection (1) “relevant claim” means a protection claim or a human rights claim brought by the PRN recipient while the priority removal notice is in force.
(3)For the purposes of subsection (1), the PRN recipient’s appeal rights in respect of a claim are exhausted at the time when—
(a)the PRN recipient’s claim has been determined,
(b)the PRN recipient could not bring an appeal in respect of the claim under section 82 of the 2002 Act (ignoring any possibility of an appeal out of time with permission), and
(c)no appeal brought by the PRN recipient is pending within the meaning of section 104 of that Act.
(4)A priority removal notice remains in force until the end of the period mentioned in subsection (1) even if the PRN recipient ceases to be liable to removal or deportation from the United Kingdom during that period.
(5)A priority removal notice may not be served on a person in relation to whom such a notice is already in force (but this does not prevent a further notice from being served once the previous notice ceases to be in force as mentioned in subsection (1)).
(6)Subsection (7) applies if the PRN recipient has previously been served with—
(a)an evidence notice under section 18,
(b)a slavery or trafficking information notice under section 58, or
(c)a notice under section 120 of the 2002 Act (requirement to provide reasons and grounds).
(7)The previous notice ceases to have effect on the service of the priority removal notice.
(8)Expressions used in this section that are defined for the purposes of section 20 have the same meaning in this section as in that section.
Commencement Information
I1S. 21 not in force at Royal Assent, see s. 87(1)
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