HC Deb 16 November 1970 vol 806 cc345-7W
Mr. Merlyn Rees

asked the Secretary of State for the Home Department if he will list the categories of aliens and Commonwealth citizens who have a right of appeal under the Immigration Appeals Act.

Mr. Sharples

The following provisions of the Immigration Appeals Act 1969 confer rights of appeal on Commonwealth citizens against the decisions indicated below:

Section Nature of decision
2(1)(a)* Refusal of admission.
2(1)(b)* Prohibition on landing of member of ship's crew.
2(1)(c) Refusal of entry certificate.
3(1)(a)* Imposition of condition requiring departure in less than 7 days.
3(1)(b) Variation of conditions.
3(1)(c) Refusal to vary conditions.
4(1)(a) Deportation otherwise than on the recommendation of a court.
4(1)(b) Refusal to revoke a deportation order.
5* Removal directions, in the circumstances specified in the section.

The following provisions of the Aliens (Appeals) Order 1970, made under Section 14 of the Act, confer rights of appeal on aliens against the decisions indicated:

Article Nature of decision
2(1)(a)* Refusal of leave to land at an approved port.
2(1)(b)* Prohibition on landing at approved port of member of ship's crew.
2(1)(c) Refusal of visa.
2(1)(d)* Refusal to revoke instruction for exclusion.
3(1)(a)* Imposition of condition requiring departure in less than 7 days
3(1)(b) Variation of conditions.
3(1)(c) Refusal to revoke or vary conditions.
3(1)(d) Imposition of special restrictions or refusal to revoke or vary such restrictions.
3(1)(e) Decisions there mentioned, which relate to aliens entering via the Irish Republic.
4(1) Deportation otherwise than on the recommendation of a court; refusal to revoke any deportation order.
5* Removal directions, in the circumstances specified in the Article

The provisions marked* have not been brought into operation; but there are extra-statutory arrangements in force enabling a Commonwealth citizen to appeal against refusal of admission if he holds a current employment or special voucher or entry certificate, and an alien to appeal against refusal of leave to land if he holds a current work permit or visa.