Race Relations Act 1976 (Repealed)

[F1 57A Claims under section 19B in immigration cases. E+W+S

(1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if—

(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19B has been or could be raised in proceedings on an appeal which is pending, or could be brought, under the 1997 Act or [F2 Part 5 of the 2002 Act]; or

(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section.

(2) For the purposes of this section an immigration claim is a claim that a person—

(a) has committed a relevant act of discrimination against the claimant which is unlawful by virtue of section 19B; or

(b) is by virtue of section 32 or 33 to be treated as having committed such an act of discrimination against the claimant.

(3) Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of section 19B, any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19B for the purposes of the proceedings before it.

(4) No relevant decision of an immigration authority involving an act to which an immigration claim relates and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision of a court hearing the immigration claim under section 57.

(5) In this section—

• [F3 “the Immigration Acts” has the same meaning given by section 158 of the 2002 Act ;]

• “immigration appellate body” means [F4 the First-tier Tribunal,] the Special Immigration Appeals Commission, [F5 the Upper Tribunal,] the Court of Appeal, the Court of Session or the [F6 Supreme Court];

• [F7 “immigration authority” means the Secretary of State, an immigration officer or a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971 (c. 77));]

• “immigration claim” has the meaning given by subsection (2) above;

• “pending” has the same meaning as in the 1997 Act or, as the case may be, [F8 Part 5 of the 2002 Act];

• “relevant act of discrimination” means an act of discrimination done by an immigration authority in taking any relevant decision;

• “relevant decision” means—

  (a)

  in relation to an immigration authority, any decision under the Immigration Acts relating to the entitlement of the claimant to enter or remain in the United Kingdom; and

  (b)

  in relation to an immigration appellate body, any decision on an appeal under the 1997 Act [F9 , Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act] in relation to a decision falling within paragraph (a);

• “relevant immigration proceedings” means proceedings on an appeal under the 1997 Act [F10 , Part 5 of the 2002 Act or section 11 or 13 of the 2007 Act];

• “the 1997 Act” means the M1 Special Immigration Appeals Commission Act 1997;

• [F11 “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;]

• [F12 “the 2007 Act” means the Tribunals, Courts and Enforcement Act 2007;]

and, for the purposes of subsection (1)(a), any power to grant leave to appeal out of time shall be disregarded.]

Textual Amendments

F1 S. 57A inserted (2.4.2001) by 2000 c. 34, s. 6(2) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F2 Words in s. 57A(1)(a) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(2), Sch. 7, para. 12(a); S.I. 2003/754, art. 2(1), Sch.

F3 Definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, s. 114, Sch. 7, para. 12(b) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F4 Words in s. 57A(5) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(a)(i) (with Sch. 4)

F5 Words in s. 57A(5) inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(a)(ii) (with Sch. 4)

F6 Words in definiton in s. 57A(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 28; S.I. 2009/1604, art. 2

F7 Definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(1), Sch. 7, para. 12(d) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F8 Words in definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(1), Sch. 7, para. 12(e) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F9 S. 57A(5): words in definition of "relevant decision" substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(b) (with Sch. 4)

F10 S. 57A(5): words in definition of "relevant immigration proceedings" substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(c) (with Sch. 4)

F11 Definition in s. 57A(5) substituted (1.4.2003) by 2002 c. 41, ss. 114, 162(1), Sch. 7, para. 12(h) (with s. 159); S.I. 2003/754, art. 2(1), Sch.

F12 S. 57A(5): definition of "the 2007 Act" inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), Sch. 1 para. 6(d) (with Sch. 4)

Marginal Citations

M1 1997 c. 68.