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The Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015

S.I. 2015/383 · Made 25 February 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 April 2015.

Immigration

Made 25th February 2015

Laid before Parliament 26th February 2015

Coming into force 6th April 2015

The Secretary of State, in exercise of the powers conferred by section 73(2), (3) and 74(8) of the Immigration Act 2014f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2014 c. 22. See section 73(4) for the definition of “enactment”.

Contents

  1. 1Citation and Commencement
  2. 2Amendment to the Asylum (Procedures) Regulations 2007
  3. 3Amendment to the Appeals (Excluded Decisions) Order 2009
  4. 4Amendments to the UK Border Agency (Complaints and Misconduct) Regulations 2010
  5. 5Saving provision
  6. Signature
  7. Explanatory note

1Citation and CommencementI1

This Order may be cited as the Immigration (Appeals) (Consequential Amendments and Saving Provision) Order 2015 and comes into force on 6th April 2015.

2Amendment to the Asylum (Procedures) Regulations 2007I1

(1)

The Asylum (Procedures) Regulations 2007f1 are amended as follows.

(2)

In regulation 5(1)(a) (Interpreters), omit “, 83 or 83A”f2.

3Amendment to the Appeals (Excluded Decisions) Order 2009I1

(1)

The Appeals (Excluded Decisions) Order 2009f1 is amended as follows.

(2)

In article 3(m) (Excluded decisions), omit “, 83 or 83A”.

4Amendments to the UK Border Agency (Complaints and Misconduct) Regulations 2010I1

(1)

The UK Border Agency (Complaints and Misconduct) Regulations 2010f1 are amended as follows.

(2)

In regulation 2(1) (Interpretation)—

(a)

omit the definition of “immigration decision”;

(b)

at the appropriate points, insert—

  • ““human rights claim” has the same meaning as in section 113 of the Nationality, Immigration and Asylum Act 2002f2;” and

  • ““protection status” and “protection claim” have the same meaning as in section 82(2) of the Nationality, Immigration and Asylum Act 2002f3;”.

(3)

In regulation 2(3)(ii), for “asylum” substitute “a person’s protection or human rights claim, or to revoke a person’s protection status”.

5Saving provisionI1

(1)

In this article, “the Commencement Order” means the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014f1.

(2)

Where the Secretary of State has made a decision to which article 9 of the Commencement Order applies and an appeal has been brought against that decision—

(a)

regulation 5(1)(a) (Interpreters) of the Asylum (Procedures) Regulations 2007; and

(b)

article 3(m) (Excluded decisions) of the Appeals (Excluded Decisions) Order 2009

continue to have effect as if the references to sections 83 and 83A were not omitted.

(3)

Where the Secretary of State has made a decision to which article 9 of the Commencement Order applies, regulation 2(1) and (3)(i) and (ii) of the UK Border Agency (Complaints and Misconduct) Regulations 2010 continues to have effect as if the amendments made by article 4(2) and (3) had not been made.

Signature

James Brokenshire

Minister of State

Home Office

25th February 2015

Explanatory note

(This note is not part of the Order)

This Order makes amendments to the Asylum (Procedures) Regulations 2007 (S.I. 2007/3187), the Appeals (Excluded Decisions) Order 2009 (S.I. 2009/275) and the UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782) which are consequential upon the amendments made by the Immigration Act 2014 (c. 22) to the appeals provisions in the Nationality, Immigration and Asylum Act 2002 (c. 41).

Articles 2, 3 and 4 of this Order do not have effect in so far as article 9 of the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (S.I. 2014/2771) applies as set out in article 5.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.