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Nationality, Immigration and Asylum Act 2002

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Changes over time for: Section 76

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Changes to legislation:

Nationality, Immigration and Asylum Act 2002, Section 76 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

76 Revocation of leave to enter or remainU.K.

This section has no associated Explanatory Notes

(1)The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person—

(a)is liable to deportation, but

(b)cannot be deported for legal reasons.

(2)The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if—

(a)the leave was obtained by deception,

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person, or someone of whom he is a dependant, ceases to be a refugee as a result of—

(a)voluntarily availing himself of the protection of his country of nationality,

(b)voluntarily re-acquiring a lost nationality,

(c)acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or

(d)voluntarily establishing himself in a country in respect of which he was a refugee.

(4)In this section—

  • indefinite leave” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),

  • liable to deportation” has the meaning given by section 3(5) and (6) of that Act (deportation),

  • refugee” has the meaning given by the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

  • F2...

(5)A power under subsection (1) or (2) to revoke leave may be exercised—

(a)in respect of leave granted before this section comes into force;

(b)in reliance on anything done before this section comes into force.

(6)A power under subsection (3) to revoke leave may be exercised—

(a)in respect of leave granted before this section comes into force, but

(b)only in reliance on action taken after this section comes into force.

F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 76(2)(b)(c) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(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))

F2Words in s. 76(4) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 3(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))

F3S. 76(7) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; 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))

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