Immigration Act 1971

13 Appeals against exclusion from United Kingdom. U.K.

(1) Subject to the provisions of this Part of this Act, a person who is refused leave to enter the United Kingdom under this Act may appeal to an adjudicator against the decision that he requires leave or against the refusal.

(2) Subject to the provisions of this Part of this Act, a person who, on an application duly made, is refused a [F1 certificate of entitlement] or an entry clearance may appeal to an adjudicator against the refusal.

[F2 (3) A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;]

and a person shall not be entitled to appeal against a refusal of leave to enter so long as he is in the United Kingdom, unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit.

[F3 (3A) A person who seeks to enter the United Kingdom—

(a) as a visitor, or

(b) in order to follow a course of study of not more than six months duration for which he has been accepted, or

(c) with the intention of studying but without having been accepted for any course of study, or

(d) as a dependant of a person within paragraph (a), (b) or (c) above,

shall not be entitled to appeal against a refusal of an entry clearance and shall not be entitled to appeal against a refusal of leave to enter unless he held a current entry clearance at the time of the refusal.

(3AA) The Secretary of State shall appoint a person, not being an officer of his, to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where there is, by virtue of subsection (3A) above, no right of appeal; and the person so appointed shall make an annual report on the discharge of his functions to the Secretary of State who shall lay a copy of it before each House of Parliament.

(3AB) The Secretary of State may pay to a person appointed under subsection (3AA) above such fees and allowances as he may with the approval of the Treasury determine.]

[F4 (3B) A person shall not be entitled to appeal against a refusal of an entry clearance if the refusal is on the ground that—

(a) he or any person whose dependant he is does not hold a relevant document which is required by the immigration rules; or

(b) he or any person whose dependant he is does not satisfy a requirement of the immigration rules as to age or nationality or citizenship; or

(c) he or any person whose dependant he is seeks entry for a period exceeding that permitted by the immigration rules;

and a person shall not be entitled to appeal against a refusal of leave to enter if the refusal is on any of those grounds.

(3C) For the purposes of subsection (3B)(a) above, the following are “relevant documents”—

(a) entry clearances;

(b) passports or other identity documents; and

(c) work permits.]

(4) An appeal against a refusal of leave to enter shall be dismissed by the adjudicator if he is satisfied that the appellant was at the time of the refusal an illegal entrant, and an appeal against a refusal of an entry clearance shall be dismissed by the adjudicator if he is satisfied that a deportation order was at the time of the refusal in force in respect of the appellant.

(5) A person shall not be entitled to appeal against a refusal of leave to enter, or against a refusal of an entry clearance, if the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the appellant not to be given entry to the United Kingdom on the ground that his exclusion is conducive to the public good, or if the leave to enter or entry clearance was refused in obedience to any such directions.

Textual Amendments

F1 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 3(1)

F2 S. 13(3) up to the end of para. (b) substituted by Immigration Act 1988 (c. 14, SIF 62), s. 3(2)

F3 S. 13(3A)(3AA)(3AB) inserted (26.7.1993) by 1993 c. 23, s.10; S.I. 1993/1655, art. 2 (subject to transitional provision in art.5)

F4 S. 13(3B)(3C) inserted (26.7.1993) by 1993 c. 23, s. 11(1); S.I. 1993/1655, art. 2 (subject to transitional provision in art.5)

Modifications etc. (not altering text)

C1 S. 13(3) modified (2.8.1993) by S.I. 1993/1813, arts. 7(1), 1, Sch. 4 para. 1(6)

C2 S. 13(5) applied with modifications (26.7.1993) by 1993 c.23, s. 8(6), Sch. 2 para.6; S.I. 1993/1655, art. 2

S. 13(5) applied (20.7.1994) by S.I. 1994/1895, art. 20(2)