Nationality, Immigration and Asylum Act 2002

[F1 88A Entry clearance U.K.

(1) A person may not appeal under section 82(1) against refusal of an application for entry clearance unless the application was made for the purpose of—

(a) visiting a person of a class or description prescribed by regulations for the purpose of this subsection, or

(b) entering as the dependant of a person in circumstances prescribed by regulations for the purpose of this subsection.

(2) Regulations under subsection (1) may, in particular—

(a) make provision by reference to whether the applicant is a member of the family (within such meaning as the regulations may assign) of the person he seeks to visit;

(b) provide for the determination of whether one person is dependent on another;

(c) make provision by reference to the circumstances of the applicant, of the person whom the applicant seeks to visit or on whom he depends, or of both (and the regulations may, in particular, include provision by reference to—

(i) whether or not a person is lawfully settled in the United Kingdom within such meaning as the regulations may assign;

(ii) the duration of two individuals' residence together);

(d) make provision by reference to an applicant’s purpose in entering as a dependant;

(e) make provision by reference to immigration rules;

(f) confer a discretion.

(3) Subsection (1)—

(a) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b) and (c), and

(b) is without prejudice to the effect of section 88 in relation to an appeal under section 82(1) against refusal of entry clearance.]

Textual Amendments

F1 S. 88A substituted for ss. 88A, 90, 91 (1.4.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 4(1), 62(1)(2); S.I. 2008/310, art. 3(a) (with art. 4) (as amended (9.7.2012) by S.I. 2012/1531, art. 2 (with art. 3))