Amendments to the Immigration (Notices) Regulations 20032

1

The Immigration (Notices) Regulations 20032 are amended as follows.

2

In regulation 2 (interpretation)—

a

omit the definition of “immigration decision”;

b

in the definition of “notice of appeal”, for “rules for the time being in force under section 106(1) of the 2002 Act” substitute “Procedure Rules”; and

c

in the definition of “Procedure Rules”, for “106(1) of the 2002 Act3” substitute “22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 20074”.

3

Omit regulation 3 (transitional provision).

4

In regulation 4 (notice of decisions)—

a

in paragraph (1), for “immigration decision or” substitute “decision taken in respect of him which is appealable under section 82(1) of the 2002 Act5 or any”; and

b

omit paragraphs (2) and (2A).

5

In regulation 5 (contents of notice)—

a

in paragraph (1)(a), omit “and”;

b

omit paragraphs (1)(b), (2) and (2A);

c

in paragraph (3), omit “subject to paragraph 6,”;

d

for paragraph (4), substitute—

4

The notice given under regulation 4 shall be accompanied by information about the process for providing a notice of appeal to the Tribunal and the time limit for providing that notice.

e

omit paragraphs (5), (6), (7) and (8).

6

In regulation 7 (service of notice)—

a

for paragraph (3), substitute—

3

Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located—

a

he shall be given a copy of the notice and details of when and how it was given as soon as practicable; and

b

the time limit for appeal under the Procedure Rules shall be calculated from the date the notice is deemed to have been given in accordance with paragraph (2).

b

for paragraph (4), substitute—

4

Where a notice is sent by post to a place outside the United Kingdom in accordance with paragraph (1)(c) it shall be deemed to have been received on the twenty-eighth day after it was posted, unless the contrary is proved.

c

in paragraph (5)—

i

in sub-paragraph (a), omit “and”; and

ii

omit sub-paragraph (b); and

d

omit paragraph (6).