# The Immigration (Biometric Registration) Regulations 2008, Regulation 23: Consequences of a failure to comply with a requirement of these Regulations

Extent: E+W+S+N.I.

(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) may 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;
(aa) prevent the person from generating a share code until they have complied with the requirement;
(b) treat the person’s application for leave to enter or remain or for entry clearance as invalid;
(c) refuse the person’s application for leave to enter or remain or for entry clearance; 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 (f) or regulation 3A(2) or as a dependant of such a person ... 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 enter or remain or for entry clearance 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) ... or (g) or as the dependant of a person who has made an application in accordance with regulation 3(2)(e) ... 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) may 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.
(7) In this regulation “share code” means an electronically generated code to allow a third party to access information about an individual’s immigration status.

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Source: https://www.legislation.gov.uk/uksi/2008/3048/regulation/23 (the official version)
Page: https://openlegislation.uk/immigration-biometric-registration-regulations-2008/regulation-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.