Immigration, Asylum and Nationality Act 2006

Appeals

Consequential amendments

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Accommodation

2

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Grounds of appeal

3

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Entry clearance

4

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Failure to provide documents

5

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Refusal of leave to enter

6

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Deportation

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• (1) After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: national security) insert—

(97A) (1) This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security. (2) Where this section applies— (a) section 79 shall not apply, (b) the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and (c) for the purposes of section 2(5) of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeals from within United Kingdom) it shall be assumed that section 92 of this Act— (i) would not apply to an appeal against the decision to make the deportation order by virtue of section 92(2) to (3D), (ii) would not apply to an appeal against that decision by virtue of section 92(4)(a) in respect of an asylum claim, and (iii) would be capable of applying to an appeal against that decision by virtue of section 92(4)(a) in respect of a human rights claim unless the Secretary of State certifies that the removal of the person from the United Kingdom would not breach the United Kingdom's obligations under the Human Rights Convention. (3) A person in respect of whom a certificate is issued under subsection (2)(c)(iii) may appeal to the Special Immigration Appeals Commission against the issue of the certificate; and for that purpose the Special Immigration Appeals Commission Act 1997 shall apply as to an appeal against an immigration decision to which section 92 of this Act applies. (4) The Secretary of State may repeal this section by order.

• (2) In section 112 of that Act (regulations, &c.) after subsection (5A) insert—

(5B) An order under section 97A(4)— (a) must be made by statutory instrument, (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and (c) may include transitional provision.

Legal aid

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• (1) Section 103D of the Nationality, Immigration and Asylum Act 2002 (c. 41) (reconsideration: legal aid) shall be amended as follows.

• (2) In subsection (2) for the words “where the Tribunal has decided an appeal following reconsideration pursuant to an order made” substitute “ where an order for reconsideration is made ”.

• (3) For subsection (3) substitute—

(3) The Tribunal may order payment out of that Fund of the appellant's costs— (a) in respect of the application for reconsideration; (b) in respect of preparation for reconsideration; (c) in respect of the reconsideration.

Abandonment of appeal

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For section 104(4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (pending appeal: deemed abandonment) substitute—

(4) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant leaves the United Kingdom. (4A) An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsections (4B) and (4C)). (4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on the ground relating to the Refugee Convention specified in section 84(1)(g) where the appellant— (a) is granted leave to enter or remain in the United Kingdom for a period exceeding 12 months, and (b) gives notice, in accordance with any relevant procedural rules (which may include provision about timing), that he wishes to pursue the appeal in so far as it is brought on that ground. (4C) Subsection (4A) shall not apply to an appeal in so far as it is brought on the ground specified in section 84(1)(b) where the appellant gives notice, in accordance with any relevant procedural rules (which may include provision about timing), that he wishes to pursue the appeal in so far as it is brought on that ground.

Grants

10

Section 110(grants to advisory organisations) of the Nationality, Immigration and Asylum Act 2002 shall cease to have effect.

Continuation of leave

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• (1) Section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending variation decision) shall be amended as follows.

• (2) In subsection (2)(b) (continuation pending possible appeal) after “could be brought” insert “ , while the appellant is in the United Kingdom ”.

• (3) In subsection (2)(c) (continuation pending actual appeal) after “against that decision” insert “ , brought while the appellant is in the United Kingdom, ”.

• (4) For subsection (6) (decision) substitute—

(6) The Secretary of State may make regulations determining when an application is decided for the purposes of this section; and the regulations— (a) may make provision by reference to receipt of a notice, (b) may provide for a notice to be treated as having been received in specified circumstances, (c) may make different provision for different purposes or circumstances, (d) shall be made by statutory instrument, and (e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) After section 3C insert—

(3D) (1) This section applies if a person's leave to enter or remain in the United Kingdom— (a) is varied with the result that he has no leave to enter or remain in the United Kingdom, or (b) is revoked. (2) The person's leave is extended by virtue of this section during any period when— (a) an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or (b) an appeal under that section against the variation or revocation, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act). (3) A person's leave as extended by virtue of this section shall lapse if he leaves the United Kingdom. (4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Asylum and human rights claims: definition

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• (1) Section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: interpretation) shall be amended as follows.

• (2) For the definition of “asylum claim” substitute—

asylum claim— (a) means a claim made by a person that to remove him from or require him to leave the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention, but (b) does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,

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• (3) For the definition of “human rights claim” substitute—

human rights claim— (a) means a claim made by a person that to remove him from or require him to leave the United Kingdomor to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) ..., but (b) does not include a claim which, having regard to a former claim, falls to be disregarded for the purposes of this Part in accordance with immigration rules,

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Appeal from within United Kingdom: certification of unfounded claim

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Consequential amendments

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Schedule 1 (which makes amendments consequential on the preceding provisions of this Act) shall have effect.

Employment

Penalty

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• (1) It is contrary to this section to employ an adult subject to immigration control if—

• (a) he has not been granted leave to enter or remain in the United Kingdom, or

• (b) his leave to enter or remain in the United Kingdom—

• (i) is invalid,

• (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

• (iii) is subject to a condition preventing him from accepting the employment.

• (2) The Secretary of State may give an employer who acts contrary to this section a notice requiring him to pay a penalty of a specified amount not exceeding the prescribed maximum.

• (3) An employer is excused from paying a penalty if he shows that he complied with any prescribed requirements in relation to the employment.

• (4) But the excuse in subsection (3) shall not apply to an employer who knew, at any time during the period of the employment, that it was contrary to this section.

• (5) The Secretary of State may give a penalty notice without having established whether subsection (3) applies.

• (6) A penalty notice must—

• (a) state why the Secretary of State thinks the employer is liable to the penalty,

• (b) state the amount of the penalty,

• (c) specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

• (d) specify how the penalty must be paid,

• (e) explain how the employer may object to the penalty or make an appeal against it, and

• (f) explain how the Secretary of State may enforce the penalty.

• (7) An order prescribing requirements for the purposes of subsection (3) may, in particular—

• (a) require the production to an employer of a document of a specified description;

• (b) require the production to an employer of one document of each of a number of specified descriptions;

• (c) require an employer to take specified steps to verify, retain, copy or record the content of a document produced to him in accordance with the order;

• (d) require action to be taken before employment begins;

• (e) require action to be taken at specified intervals or on specified occasions during the course of employment.

• (8) An order under subsection (3) containing provision described in subsection (7)(a), (b) or (c) may, in particular—

• (a) specify a document generated by a DVS-registered person or a DVS-registered person of a specified description;

• (b) specify a document which was provided to such a person in order to generate such a document;

• (c) specify steps involving the use of services provided by such a person.

• (9) In subsection (8), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).

• (10) An order under subsection (3) which specifies a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to specified services (see section 36 of the Data (Use and Access) Act 2025).

Objection

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• (1) This section applies where an employer to whom a penalty notice is given objects on the ground that—

• (a) he is not liable to the imposition of a penalty,

• (b) he is excused payment by virtue of section 15(3), or

• (c) the amount of the penalty is too high.

• (2) The employer may give a notice of objection to the Secretary of State.

• (3) A notice of objection must—

• (a) be in writing,

• (b) give the objector's reasons,

• (c) be given in the prescribed manner, and

• (d) be given before the end of the prescribed period.

• (4) Where the Secretary of State receives a notice of objection to a penalty he shall consider it and—

• (a) cancel the penalty,

• (b) reduce the penalty,

• (c) increase the penalty, or

• (d) determine to take no action.

• (5) Where the Secretary of State considers a notice of objection he shall—

• (a) have regard to the code of practice under section 19 (in so far as the objection relates to the amount of the penalty),

• (b) inform the objector of his decision before the end of the prescribed period or such longer period as he may agree with the objector,

• (c) if he increases the penalty, issue a new penalty notice under section 15, and

• (d) if he reduces the penalty, notify the objector of the reduced amount.

Appeal

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• (1) An employer to whom a penalty notice is given may appeal to the court on the ground that—

• (a) he is not liable to the imposition of a penalty,

• (b) he is excused payment by virtue of section 15(3), or

• (c) the amount of the penalty is too high.

• (2) The court may—

• (a) allow the appeal and cancel the penalty,

• (b) allow the appeal and reduce the penalty, or

• (c) dismiss the appeal.

• (3) An appeal shall be a re-hearing of the Secretary of State's decision to impose a penalty and shall be determined having regard to—

• (a) the code of practice under section 19 that has effect at the time of the appeal (in so far as the appeal relates to the amount of the penalty), and

• (b) any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware);

and this subsection has effect despite any provision of rules of court.

• (4A) An appeal may be brought only if the employer has given a notice of objection under section 16 and the Secretary of State—

• (a) has determined the objection by issuing to the employer the penalty notice (as a result of increasing the penalty under section 16(4)(c)),

• (b) has determined the objection by—

• (i) reducing the penalty under section 16(4)(b), or

• (ii) taking no action under section 16(4)(d), or

• (c) has not informed the employer of a decision before the end of the period that applies for the purposes of section 16(5)(b).

• (4B) An appeal must be brought within the period of 28 days beginning with the relevant date.

• (4C) Where the appeal is brought under subsection (4A)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 16(5)(c) as the date on which it is given.

• (4D) Where the appeal is brought under subsection (4A)(b), the relevant date is the date specified in the notice informing the employer of the decision for the purposes of section 16(5)(b) as the date on which it is given.

• (4E) Where the appeal is brought under subsection (4A)(c), the relevant date is the date on which the period that applies for the purposes of section 16(5)(b) ends.

• (6) In this section “the court” means—

• (a) where the employer has his principal place of business in England and Wales, the county court,

• (b) where the employer has his principal place of business in Scotland, the sheriff, and

• (c) where the employer has his principal place of business in Northern Ireland, a county court.

Enforcement

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• (1) This section applies where a sum is payable to the Secretary of State as a penalty under section 15.

• (1A) In England and Wales the penalty is recoverable as if it were payable under an order of the county court.

• (1B) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

• (1C) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland.

• (1D) Where action is taken under this section for the recovery of a sum payable as a penalty under section 15, the penalty is—

• (a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc ) as if it were a judgment entered in the county court;

• (b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 ( S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

• (3) Money paid to the Secretary of State by way of penalty shall be paid into the Consolidated Fund.

Code of practice

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• (1) The Secretary of State shall issue a code of practice specifying factors to be considered by him in determining the amount of a penalty imposed under section 15.

• (2) The code—

• (a) shall not be issued unless a draft has been laid before Parliament, and

• (b) shall come into force in accordance with provision made by order of the Secretary of State.

• (3) The Secretary of State shall from time to time review the code and may revise and re-issue it following a review; and a reference in this section to the code includes a reference to the code as revised.

Orders

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• (1) An order of the Secretary of State under section 15, 16 or 19—

• (a) may make provision which applies generally or only in specified circumstances,

• (b) may make different provision for different circumstances,

• (c) may include transitional or incidental provision, and

• (d) shall be made by statutory instrument.