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Nationality, Immigration and Asylum Act 2002
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Changes over time for: Section 97
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Changes to legislation:
Nationality, Immigration and Asylum Act 2002, Section 97 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 18(1)(1A) substituted for s. 18(1) by 2016 c. 19 Sch. 11 para. 31(2)
- s. 22A inserted by 2022 c. 36 s. 13(7)
- s. 27(ba) inserted by 2022 c. 36 s. 13(10)
- s. 51(2)(d) and word inserted by 2016 c. 19 Sch. 11 para. 26(6)
- s. 55(2)(aa) inserted by 2016 c. 19 Sch. 11 para. 26(7)
- s. 62(3A) inserted by 2023 c. 37 s. 11(8)
- s. 80A(5A) inserted by 2023 c. 37 s. 10(8)
- s. 82A inserted by 2022 c. 36 s. 23(1)
- s. 94(6B) inserted by 2006 c. 13 s. 13
- s. 106(2)(ua) inserted by 2007 c. 30 s. 19(3)
- s. 107(2A) inserted by 2022 c. 36 Sch. 3 para. 5(a)
- s. 126(2A) inserted by S.I. 2019/745 reg. 12(3)(b) (This amendment not applied to legislation.gov.uk. Reg. 12(2)(3) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
- Sch. 3 para. 1(1)(ga) inserted by 2016 c. 19 Sch. 12 para. 2(2) (This Act is amended by S.I. 2020/1309, Sch. 1 para. 3(a))
- Sch. 3 para. 1(2A) inserted by 2016 c. 19 Sch. 12 para. 2(4) (This Act is amended by S.I. 2020/1309, Sch. 1 para. 3(b))
- Sch. 3 para. 1A inserted by 2016 c. 19 Sch. 12 para. 3
- Sch. 3 para. 2(1)(ca) inserted by 2016 c. 19 Sch. 12 para. 4(3)
- Sch. 3 para. 2A inserted by 2016 c. 19 Sch. 12 para. 5
- Sch. 3 para. 3A-3C inserted by 2016 c. 19 Sch. 12 para. 6
- Sch. 3 para. 7B 7C and cross-headings inserted by 2016 c. 19 Sch. 12 para. 9
- Sch. 3 para. 10A 10B inserted by 2016 c. 19 Sch. 12 para. 10 (This Act is amended by S.I. 2020/1309, Sch. 1 para. 3(c))
- Sch. 3 para. 15(aa) inserted by 2016 c. 19 Sch. 12 para. 14(2)
- Sch. 3 para. 15(d)-(f) inserted by 2016 c. 19 Sch. 12 para. 14(4)
- Sch. 3 para. 7C(1)(c) word substituted by S.I. 2019/745 reg. 12(5)(d) (This amendment not applied to legislation.gov.uk. Reg. 12(5)(a)(c)(d) omitted immediately before IP completion day by virtue of S.I. 2020/1309, regs. 1(2)(a), 48)
- Sch. 5 para. 3(1) Sch. 5 para. 3 renumbered as Sch. 5 para. 3(1) by 2005 c. 4 Sch. 4 para. 407(2) (This amendment not applied to legislation.gov.uk. The "original amending provision" is already fully in force, see Sch. 4 paras. 361, 407(5))
- Sch. 5 para. 3(2)-(4) inserted by 2005 c. 4 Sch. 4 para. 407(4) (This amendment not applied to legislation.gov.uk. The "original amending provision" is already fully in force, see Sch. 4 paras. 361, 407(5))
- Sch. 5 para. 3(1) words inserted by 2005 c. 4 Sch. 4 para. 407(3) (This amendment not applied to legislation.gov.uk. The "original amending provision" is already fully in force, see Sch. 4 paras. 361, 407(5))
97 National security, &c.U.K.
This section has no associated Explanatory Notes
(1)An appeal under section 82(1) F1... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken—
(a)by the Secretary of State wholly or partly on a ground listed in subsection (2), or
(b)in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2).
(2)The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the United Kingdom is—
(a)in the interests of national security, or
(b)in the interests of the relationship between the United Kingdom and another country.
(3)An appeal under section 82(1) F2... against a decision may not be brought or continued if the Secretary of State certifies that the decision is or was taken wholly or partly in reliance on information which in his opinion should not be made public—
(a)in the interests of national security,
(b)in the interests of the relationship between the United Kingdom and another country, or
(c)otherwise in the public interest.
(4)In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.
Textual Amendments
F1Words in s. 97(1) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 42(a); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
F2Words in s. 97(3) omitted (20.10.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 42(b); S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))
Modifications etc. (not altering text)
C1Ss. 82-99 restricted (14.3.2003) by The Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 (S.I. 2003/754), arts. 3, 4 (with transitional provisions in arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, S.I. 2003/1339 and S.I. 2003/2993))
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