Asylum and Immigration Act 1996

Section 12(1).

SCHEDULE 2U.K. Amendments of the 1971 Act and the Immigration Act 1988

Appeals against conditionsU.K.

3(1)After subsection (2) of section 14 of the 1971 Act (appeals against conditions), there shall be inserted the following subsection—

“(2ZA)A person shall not be entitled to appeal under subsection (1) above against—

(a)a variation of his leave which adds such a condition as is mentioned in section 3(1)(c)(ii) above; or

(b)a refusal to vary his leave by revoking such a condition.”

(2)In subsection (2B) of that section, for paragraph (c) there shall be substituted the following paragraph—

“(c)work permits, or equivalent documents issued after entry.”

Recovery of expenses incurred in detaining persons refused leave to enterU.K.

8U.K.In sub-paragraph (1) of paragraph 19 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining persons refused leave to enter), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”.

Recovery of expenses incurred in detaining illegal entrantsU.K.

9(1)In sub-paragraph (1) of paragraph 20 of Schedule 2 to the 1971 Act (recovery of expenses incurred in detaining illegal entrants), for the words “at any time” there shall be substituted the words “ for any period (not exceeding 14 days) ”.U.K.

(2)After that sub-paragraph there shall be inserted the following sub-paragraph—

“(1A)Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above.”.

Temporary admission of persons liable to detentionU.K.

10U.K.After sub-paragraph (2) of paragraph 21 of Schedule 2 to the 1971 Act (temporary admission of persons liable to detention) there shall be inserted the following sub-paragraphs—

“(3)Sub-paragraph (4) below applies where a person who is at large in the United Kingdom by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 above.

(4)If the person fails at any time to comply with that restriction—

(a)an immigration officer may direct that the person’s examination under paragraph 2 above shall be treated as concluded at that time; but

(b)nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter the United Kingdom to be given within twenty-four hours after that time.”

Temporary release of persons liable to detentionU.K.

11(1)For sub-paragraph (1) of paragraph 22 of Schedule 2 to the 1971 Act (temporary release of persons liable to detention) there shall be substituted the following sub-paragraphs—U.K.

“(1)The following, namely—

(a)a person detained under paragraph 16(1) above pending examination; and

(b)a person detained under paragraph 16(2) above pending the giving of directions,

may be released on bail in accordance with this paragraph.

(1A)An immigration officer not below the rank of chief immigration officer or an adjudicator may release a person so detained on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer at a time and place named in the recognizance or bail bond or at such other time and place as may in the meantime be notified to him in writing by an immigration officer.

(1B)Sub-paragraph (1)(a) above shall not apply unless seven days have elapsed since the date of the person’s arrival in the United Kingdom.”

(2)In sub-paragraph (2) of that paragraph—

(a)for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

(b)for the word “adjudicator”, in the second place where it occurs, there shall be substituted the words “ officer or adjudicator ”.

(3)In sub-paragraph (3) of that paragraph—

(a)for the word “adjudicator”, in the first place where it occurs, there shall be substituted the words “ immigration officer or adjudicator ”; and

(b)for the word “adjudicator”, in the second and third places where it occurs, there shall be substituted the words “ officer or adjudicator ”.

Grant of bail pending removalU.K.

12U.K.After paragraph 33 of Schedule 2 to the 1971 Act there shall be inserted the following paragraph—

“ Grant of bail pending removalU.K.

34(1)Paragraph 22 above shall apply in relation to a person—

(a)directions for whose removal from the United Kingdom are for the time being in force; and

(b)who is for the time being detained under Part I of this Schedule,

as it applies in relation to a person detained under paragraph 16(1) above pending examination or detained under paragraph 16(2) above pending the giving of directions.

(2)Paragraphs 23 to 25 above shall apply as if any reference to paragraph 22 above included a reference to that paragraph as it applies by virtue of this paragraph.”