Explanatory Note
(This note is not part of the Regulations)
These Regulations re-enact the Immigration Appeals (Notices) Regulations 1984 (the 1984 Regulations) with amendments. The changes of substance are as follows:
Under these Regulations, the obligation to provide written notice of a decision or action only applies where that decision or action is appealable. This is in contrast to the 1984 Regulations where there was an obligation to notify a decision or action which would be appealable but for the ground on which it was taken. This provision was intended to cover decisions and actions which, until the Special Immigration Appeals Commission Act 1997 (the 1997 Act) came into force, were not appealable. These decisions and actions are now appealable under the 1997 Act and are covered by the wording of regulation 4(1) of these Regulations.
The 1984 Regulations provided that, where a notice of decision was served under section 4 of the Immigration Act 1971 or paragraph 6 of Schedule 2 to that Act, the provisions of the 1984 Regulations were to be taken to have been complied with, as long as information about appeal rights was provided. This meant that there was no need to serve a separate notice under the 1984 Regulations. These Regulations broadly replicate this provision, but provide that the notice must also be given in accordance with regulation 7 of these Regulations. If this is done, and the information about appeal rights is provided, the notice is to be taken to have been given under regulation 4(1), both for the purposes of these Regulations and for the purposes of paragraph 2 of Schedule 4 to the Immigration and Asylum Act 1999.
Regulation 7 provides that the notice required to be given by these Regulations may now be given by fax, as well as by hand and by post.
Paragraph 2 of Schedule 4 to the Immigration and Asylum Act 1999 provides that, where a notice given under these Regulations is sent by first class post, addressed to the person to whom it is required to be given, it is deemed to have been received by that person on the second day after it was posted, unless the contrary is proved.