Immigration Act 1971

14 Appeals against conditions. U.K.

(1) Subject to the provisions of this Part of this Act, a person who has a limited leave under this Act to enter or remain in the United Kingdom may appeal to an adjudicator against any variation of the leave (whether as regards duration or conditions), or against any refusal to vary it; and a variation shall not take effect so long as an appeal is pending under this subsection against the variation, nor shall an appellant be required to leave the United Kingdom by reason of the expiration of his leave so long as his appeal is pending under this subsection against a refusal to enlarge or remove the limit on the duration of the leave.

(2) Subject to the provisions of this Part of this Act, a person who, on ceasing to be entitled to an exemption under any provision of section 8 above other than section 8(1), or on ceasing while in the United Kingdom to be [F1 a British citizen], is given a limited leave to remain may appeal to an adjudicator against any provision limiting the duration of the leave or attaching a condition to it; and so long as an appeal is pending under this subsection against any provision, effect shall not be given to that provision.

[F2 (2A) A person shall not be entitled to appeal under subsection (1) above against any refusal to vary his leave if the refusal is on the ground that—

(a) a relevant document which is required by the immigration rules has not been issued; or

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

(c) the variation would result in the duration of the person’s leave exceeding what is permitted by the immigration rules; or

(d) any fee required by or under any enactment has not been paid.

(2B) For the purposes of subsection (2A)(a) above, the following are relevant documents—

(a) entry clearances;

(b) passports or other identity documents; and

F3 (c) work permits, or equivalent documents issued after entry.]

(3) A person shall not be entitled to appeal under subsection (1) above against any variation of his leave which reduces its duration, or against any refusal to enlarge or remove the limit on its duration, if the Secretary of State certifies that the appellant’s departure from the United Kingdom would be conducive to the public good, as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature, or the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority).

(4) A person shall not be entitled to appeal under subsection (1) above against any variation made by statutory instrument, or against any refusal of the Secretary of State to make a statutory instrument.

[F4 (5) Where a deportation order is made against a person any pending appeal by that person under subsection (1) above shall lapse.]

Textual Amendments

F1 Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2

F2 S. 14(2A)(2B) inserted (26.7.1993) by 1993 c. 23, s. 11(2); S.I. 1993/1655, art. 2 (subject to transitional provision in art. 5)

F3 S. 14(2B)(c) substituted (1.9.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 3(2); S.I. 1996/2053, art. 2, Sch. Pt.II

F4 S. 14(5) inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 3

Modifications etc. (not altering text)

C1 S. 14 restricted (26.7.1993) by 1993 c. 23, s. 7(2); S.I. 1993/1655, art. 2

C2 S. 14(1) amended (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 7; S.I. 1993/1655, art. 2

S. 14(1) applied (20.7.1994) by S.I. 1994/1895, art. 18

C3 S. 14(3) applied with modifications (26.7.1993) by 1993 c. 23, s. 8(6), Sch. 2 para. 6; S.I. 1993/1655, art. 2

S. 14(3) applied (20.7.1994) by S.I. 1994/1895, art. 20(2)