{
  "url": "https://openlegislation.uk/nationality-and-borders-act-2022-consequential-amendments-regulations-2022/note",
  "json_url": "https://openlegislation.uk/nationality-and-borders-act-2022-consequential-amendments-regulations-2022/note.json",
  "legislation": "uksi/2022/571",
  "legislation_title": "The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/nationality-and-borders-act-2022-consequential-amendments-regulations-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations make amendments in consequence of certain provisions in the Nationality and Borders Act 2022 (c. 36) (“the 2022 Act”).\nRegulation 2 amends the Special Immigration Appeals Commission (Procedure) Rules 2003 (S.I. 2003/1034) as a consequence of amendments to the Special Immigration Appeals Commission Act 1997 (c. 68) (“the 1997 Act”) by section 77 of the 2022 Act. Under the new provisions an applicant may apply to the Special Immigration Appeals Commission (“SIAC”) to set aside a direction by the Secretary of State which relates to a person’s entitlement to enter, reside in or remain in the United Kingdom, or to a person’s removal from the United Kingdom (section 2F(2) of the 1997 Act). When deciding such applications, SIAC must apply the principles which would be applied in judicial review proceedings.\nRegulation 3 omits reference to regulation 7 of the Refugee or Person in Need of International Protection (Qualification) Regulations 2006 (S.I. 2008/3048) (“the 2006 Regulations”) from the definition of refugee in regulation 2 of the Immigration (Biometric Registration) Regulations 2008, and in that definition also replaces the reference to Article 1(A) of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the New York Protocol of 31st January 1967 with a reference to Article 1 of that Convention. This is in consequence of the revocation of the 2006 Regulations by section 30(4) of the 2022 Act.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/571/note",
    "retrieved_at": "2026-10-28T21:59:47.555662+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}