OpenLegislation

Regulation 10 Amendments to the 2008 Regulations

Original text. Later amendments are not shown.

For regulation 23 substitute—

“Consequences of a failure to comply with a requirement of these Regulations

23.
(1)

Subject to paragraphs (3) and (4), where a person who is required to make an application for the issue of a biometric immigration document fails to comply with a requirement of these Regulations, the Secretary of State—

(a)

may take any, or any combination, of the actions specified in paragraph (2); and

(b)

must consider giving a notice under section 9 of the UK Borders Act 2007.

(2)

The actions specified are to—

(a)

refuse an application for a biometric immigration document;

(b)

treat the person’s application for leave to remain as invalid;

(c)

refuse the person’s application for leave to remain; and

(d)

cancel or vary the person’s leave to enter or remain.

(3)

Where a person is required to apply for a biometric immigration document under regulation 3(2)(a) or (b) or as a dependant of a person who has made an application in accordance with regulation 3(2)(a) or (b) and fails to comply with a requirement of these Regulations, the Secretary of State—

(a)

must refuse the person’s application for a biometric immigration document;

(b)

must treat the person’s application for leave to remain as invalid; and

(c)

may cancel or vary the person’s leave to enter or remain.

(4)

Where a person is required to apply for a biometric immigration document under regulation 3(2)(e), (f) or (g) or as the dependant of a person who has made an application in accordance with regulation 3(2)(e) or (f) and fails to comply with a requirement of these Regulations the Secretary of State—

(a)

may refuse the application for a biometric immigration document; and

(b)

must consider giving a notice under section 9 of the UK Borders Act 2007.

(5)

Where any person apart from a person referred to in paragraph (1), (3) or (4) fails to comply with a requirement of these Regulations, the Secretary of State must consider giving a notice under section 9 of the UK Borders Act 2007.

(6)

The Secretary of State may designate an adult as the person responsible for ensuring that a child complies with the requirements of these Regulations.”.