# The Immigration (Biometric Registration) (Amendment) Regulations 2012, Regulation 10: Amendments to the 2008 Regulations


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.”.

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Source: https://www.legislation.gov.uk/ukdsi/2012/9780111517727/regulation/10 (the official version)
Page: https://openlegislation.uk/draft-immigration-biometric-registration-amendment-regulations-2012/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.