Immigration and Asylum Act 1999

Human rights U.K.

65 [F1 Racial discrimination and breach of human rights.] U.K.

(1) A person who alleges that an authority has, in taking any decision under the Immigration Acts relating to that person’s entitlement to enter or remain in the United Kingdom, [F2 racially discriminated against him or] acted in breach of his human rights may appeal to an adjudicator against that decision unless he has grounds for bringing an appeal against the decision under the M1 Special Immigration Appeals Commission Act 1997.

(2) For the purposes of this Part [F3 —

(a) an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the M2 Race Relations Act 1976; and

(b)] an authority acts in breach of a person’s human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the M3 Human Rights Act 1998.

(3) Subsections (4) and (5) apply if, in proceedings before an adjudicator or the Immigration Appeal Tribunal on an appeal, a question arises as to whether an authority has, in taking any decision under the Immigration Acts relating to the appellant’s entitlement to enter or remain in the United Kingdom, [F4 racially discriminated against the appellant or] acted in breach of the appellant’s human rights.

(4) The adjudicator, or the Tribunal, has jurisdiction to consider the question.

(5) If the adjudicator, or the Tribunal, decides that the authority concerned [F5 —

(a) racially discriminated against the appellant; or

(b)] acted in breach of the appellant’s human rights, the appeal may be allowed on [F6 the ground in question].

(6) No appeal may be brought under this section by any person in respect of a decision if—

(a) that decision is already the subject of an appeal brought by him under the Special Immigration Appeals Commission Act 1997; and

(b) the appeal under that Act has not been determined.

(7) “Authority” means—

(a) the Secretary of State;

(b) an immigration officer;

(c) a person responsible for the grant or refusal of entry clearance.

Textual Amendments

F1 Side-note to s. 65 substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 34 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F2 Words in s. 65(1) inserted (2.4.2001) by 2000 c. 34, s. 6(3) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F3 S. 65(2)(a) and word “(b)" inserted (2.4.2001) by 2000 c. 34, s. 6(4), (with s. 10(5)); S.I. 2001/566, art. 2(1)

F4 Words in s. 65(3) inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 32 (with S. 10(5)); S.I. 2001/566, art. 2(1)

F5 S. 65(5)(a) and word “(b)" inserted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 33(a) (with s. 10(5)); S.I. 2001/566, art. 2(1)

F6 Words in s. 65(5) substituted (2.4.2001) by 2000 c. 34, s. 9(1), Sch. 2 para. 33(b) (with s. 10(5)); S.I. 2001/566, art. 2(1)

Modifications etc. (not altering text)

C1 S. 65 restricted (2.10.2000) by S.I. 2000/2444, art. 3, Sch. 2 para. 1(7)

C2 S. 65(1) restricted (14.3.2003) by Nationality, Immigration and Asylum Act 2002 (Commencement No.4) Order 2003 (S.I. 2003/754), Sch. 2 para. 6(5)

Commencement Information

I1 Ss. 61-65 wholly in force at 2.10.2000 by S.I. 2000/2444, art. 2, Sch. 1 (subject to the transitional provisions in arts. 3, 4, Sch. 2)

Marginal Citations

M1 1997 c. 68.

M2 1976 c. 74.

M3 1998 c. 42.