-- Several regulations and orders have been made under the Immigration and Asylum Act 1999, introducing various changes from 2 October 2000 linked to implementation of the new appeals system provided for in pt IV of the Act and related provisions in ss 10 to 12 and 23 of Pt I.The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2000 No.
1849These include changes to reflect the one-stop appeal process and the new provision enabling cases to be transferred to SIAC from the IAA if the appellant or Secretary of State introduce national security issues or if an appeal becomes linked with an existing security case.-- The Immigration (Removal Directions) Regulations 2000 No.
2243These are made under s 10; make provision for directions to be given to carriers for the administrative removal of overstayers, those who have breached conditions of their stay, those who have obtained leave to remain by deception, and family members; and closely follow the provisions which previously applied to removal as a consequence of implementation of a deportation order.-- The Immigration and Asylum Appeals (One-Stop Procedure) Regulations 2000 No.
2244These regulations set out the procedure for service of notices under s 74 or 75, service of the statement in response, and prescribe the forms to be used; set out the consequences of stating, or failing to state, grounds under s 75; and define the meaning of expressions used in pt IV relating to family members affected by the one-stop system.-- The Asylum (Design ated Safe Third Countries) Order 2000 No.
2245This order relates to the designation of third countries, other than member states of the EU, to which an asylum claimant can be returned with a suspensive right of appeal only in certain limited circumstances.-- The Immigration and Asylum Appeals (Notices) Regulations 2000 No.
2246These regulations govern the service of notices of appealable decisions pursuant to relevant provisions of the Special Immigration Appeals Commission Act 1997, the Immigration and Asylum Act 1999 and the Immigration Asylum Appeals (Procedure) Rules 2000.-- The Immigration (European Economic Area) Regulations 2000 No.
2326These regulations re-enact, with amendments, the provisions of the Immigration (European Area) Order 1994 and create free standing rights of appeal which are no longer dependent upon rights of appeal arising under the statutory provisions which apply to persons not claiming rights under european community law.-- The Immigration and Asylum Appeals (Procedure) Rules 2000 No.
2333These primarily give effect to the provisions of pt IV and set out the procedures to be followed for appeals to the adjudicators; applications to the Immigration Appeal Tribunal for leave to appeal to the tribunal; appeals to the tribunal; applications for bail; and applications to the tribunal for leave to appeal to the Court of Appeal or, in Scotland, to the Court of Session.-- The Immigration and Asylum Act 1999 (Commencement No.
6, Transitional and Consequential Provisions) Order 2000 No.
2444This Order is largely concerned with commencing the single, comprehensive appeal process.
It also contains detailed transitional provisions.
In particular, these provide that the appeal rights under previous legislation will continue to apply to decisions taken before 2 October, whilst the new appeals procedures will apply to all appeal rights under previous legislation and the 1999 Act.-- The Immigration (Variation of Leave) (Amendment) Order 2000 No.
2445This gives effect to s 3 (continuation of leave pending decision) which from 2 October replaced the equivalent provisions of the Immigration (Variations of Leave) Order 1976 (VOLO) and prevents the extension of leave under the 1976 Order where the date of a decision is on or after 2 October.-- The Immigration Appeals (Family Visitor) (No.
2) Regulations 2000 No.
2446These regulations define the meaning of 'family visitor' and set the fee levels -- £150 for an appeal on the papers and £500 for an oral hearing -- for the new right of appeal for family visitors denied a visa in s 60.Copies of these statutory instruments can be obtained from HMSO or downloaded from http://www.hmso.gov.uk-- Statement of changes in immigration rules (CM 4851)These changes took effect on 2 October 2000 and intend to address incompatibilities between the existing rules and the ECHR, to incorporate consequential changes arising from the 1999 Act, and to bring some existing concessions formally into the rules including those relating to children coming to the UK for adoption; unmarried partners (including same sex partners) seeking to join or remain with their partner in the UK; bereaved spouses; parents seeking entry to the UK, further leave to remain or settlement in order to exercise contact rights with children and children of fiancees coming to the UK.-- Revised immigration application forms (version 04/2001)These replace the version 7.0 forms which are valid for use until 14 October.
The version 04/2001 forms may be used for applications made on or before 14 Apr il 2001.
Version 7.0 or 04/2001 are valid for applications made on or before 14 October 2000.There is a new form -- form BUS -- for applying for an extension of stay or for indefinite leave to remain in the UK as a business person, sole representative, retired person of independent means, investor or an innovator.Forms can be obtained from the Applications Forms Unit on 0870 241 0645 or from: http://www.homeoffice.gov.uk/ind/hgp.htm.
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