Immigration, Asylum and Nationality Act 2006

Valid from 01/04/2008

4 Entry clearance U.K.

(1) For sections 88A, 90 and 91 of the Nationality, Immigration and Asylum Act 2002 (restricted right of appeal in relation to refusal of entry clearance for visitor or student) substitute—

“88A Entry clearance

(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.”

(2) For section 23(1) of the Immigration and Asylum Act 1999 (c. 33) (monitoring refusals of entry clearance) substitute—

“(1) The Secretary of State must appoint a person to monitor, in such manner as the Secretary of State may determine, refusals of entry clearance in cases where, as a result of section 88A of the Nationality, Immigration and Asylum Act 2002 (c. 41) (entry clearance: non-family visitors and students), an appeal under section 82(1) of that Act may be brought only on the grounds referred to in section 84(1)(b) and (c) of that Act (racial discrimination and human rights).”

(3) Within the period of three years beginning with the commencement (for any purpose) of subsection (1), the Secretary of State shall lay before Parliament a report about the effect of that subsection; and the report—

(a) must specify the number of applications for entry clearance made during that period,

(b) must specify the number of those applications refused,

(c) must specify the number of those applications granted, after an initial indication to the applicant of intention to refuse the application, as a result of further consideration in accordance with arrangements established by the Secretary of State,

(d) must describe those arrangements,

(e) must describe the effect of regulations made under section 88A(1)(a) or (b) as substituted by subsection (1) above,

(f) may include other information about the process and criteria used to determine applications for entry clearance, and

(g) may record opinions.