The UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011

Made: 17th May 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 59(2) of the UK Borders Act 2007[^f00001].

Citation

1

This Order may be cited as the UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011.

Commencement of the UK Borders Act 2007

2

Section 19 (Points-based applications: no new evidence on appeal) of the UK Borders Act 2007 shall, subject to article 3, come into force on 23rd May 2011.

Transitional Provision

3

• (1) The amendment made to the Nationality, Immigration and Asylum Act 2002[^f00002] by section 19 of the UK Borders Act 2007 will not have effect in relation to an appeal in respect of which a hearing at the First-tier Tribunal of the Immigration and Asylum Chamber has taken place before 23rd May 2011 and which is still pending.

• (2) For the purposes of this article, a ‘hearing’ is where one or more Immigration Judges hear an appeal made under section 82(1) of the Nationality, Immigration and Asylum Act 2002 against a decision of the Secretary of State, at the First-tier Tribunal of the Immigration and Asylum Chamber and includes case management review hearings.

• (3) For the purposes of this article, an appeal is ‘pending’ when it has been instituted under section 82(1) of the Nationality, Immigration and Asylum Act 2002 but has not yet been finally determined, withdrawn or abandoned or has not lapsed under section 99 of that Act.

Signed

Damian Green — Minister of State — 17th May 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 19 (Points-based applications: no new evidence on appeal) of the UK Borders Act 2007 which amends section 85(5) of the Nationality, Immigration and Asylum Act 2002 (c.41) as well as inserting a new section 85A. The new section 85A lists the exceptions to the general rule that the Immigration Tribunal can consider any evidence that is relevant to the substance of a decision, including any evidence which arises after the date of decision. Section 19 is subject to the transitional provision in Article 3 which provides that section 19 will not apply to any hearing which has already commenced prior to the 23rd May and which is part heard and pending, including appeals remitted to the First-tier Tribunal from the Upper Tier of the Tribunal. Appeals instituted prior to 23rd May where a hearing is yet to take place will be subject to section 19.

Footnotes

[^f00001]: 2007 c.30.

[^f00002]: 2002 c.41.