Search Legislation

Advanced Search

Immigration and Asylum Act 1999

Immigration and Asylum Act 1999

1999 CHAPTER 33

Commentary on Sections

Part IV: Appeals

Section 65: Acts made unlawful by section 6(1) of the Human Rights Act 1998

203.This section creates a new right of appeal on human rights grounds. It provides for a right of appeal where someone believes that a decision under the Immigration Acts relating to their entitlement to enter or remain in the United Kingdom was made in breach of their human rights. Acting in breach of human rights in acting in a way made unlawful by section 6(1) of the Human Rights Act 1998. Under subsections (2) and (7) the right of appeal applies to decisions made by an immigration officer, the Secretary of State or an entry clearance officer.

204.Under subsections (3) to (5) the adjudicator or Tribunal has the power to consider, and allow the appeal on the basis of, any relevant human rights issues which arise in proceedings on any appeal. The Act also confers jurisdiction on SIAC to consider human rights questions (paragraph 121 of Schedule 14).

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources