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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011 No. 1293 (C. 53) URL: http://www.bailii.org/uk/legis/num_reg/2011/uksi_20111293_en_1.html |
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Statutory Instruments
Immigration
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(1).
1. This Order may be cited as the UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011.
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.
3.-(1) The amendment made to the Nationality, Immigration and Asylum Act 2002(2) 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under section 82(1) of the Nationality, Immigration and Asylum Act 2002 but has not yet been finally determined, withdrawn or abandoned or has not lapsed under section 99 of that Act.
Damian Green
Minister of State
Home Office
17th May 2011
(This note is not part of the Order)
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.
(This note is not part of the Order)
The following provisions of the UK Borders Act 2007 have been brought into force by commencement order made before the date of this Order.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 4 (detention at ports) | 31.01.2008 | 2008/99 |
| Section 5 to 8 (biometric registration) | 31.01.2008 | 2008/99 |
| Section 9 (biometric registration: penalty) | 25.11.2008 | 2008/2822 |
| Section 10 (biometric registration: objection to penalty) | 31.01.2008 and 25.11.2008 | 2008/99 |
| Section 11 (biometric registration: appeal in respect of penalty) | 31.01.2008 and 25.11.2008 | 2008/99 |
| Section 12 (biometric registration: enforcement of penalty) | 25.11.2008 | 2008/2822 |
| Section 13 (biometric registration: code of practice regarding penalty) | 31.01.2008 and 25.11.2008 | 2008/99 |
| Sections 14 and 15 (biometric registration: prescribed matters and interpretation) | 31.01.2008 | 2008/99 |
| Section 16 (conditional leave to enter or remain) | 31.01.2008 | 2008/99 |
| Section 18 (support for asylum-seekers: enforcement) | 31.01.2008 | 2008/99 |
| Section 20 (fees) | 31.01.2008 | 2008/99 |
| Section 21 (children) | 06.01.2009 | 2008/3136 |
| Section 22 and 23 (assaulting an immigration officer: offence and power of arrest) | 31.01.2008 | 2008/99 |
| Section 24 (seizure of cash) | 01.04.2010 | 2010/606 |
| Section 25 (forfeiture of detained property) | 29.02.2008 | 2008/309 |
| Section 26 (disposal of property) | 31.01.2008 and 01.04.2008 | 2008/99 |
| Section 27 and 28 (employment: arrest and search for personnel records) | 29.02.2008 | 2008/309 |
| Section 29 to 31 (facilitation and trafficking) | 31.01.2008 | 2008/99 |
| Section 32 to 38 (automatic deportation) (partially) | 01.08.2008 | 2008/1818 |
| Section 39 (automatic deportation: consequential amendments) | 01.08.2008 | 2008/1818 |
| Sections 40 to 43 (supply and wrongful disclosure of information) | 31.01.2008 | 2008/99 |
| Sections 44 to 47 (search for evidence of nationality and seizure of nationality documents) | 29.02.2008 | 2008/309 |
| Sections 48 to 50 (Border and Immigration Inspectorate: appointment, office and reports) | 01.04.2008 | 2008/309 |
| Section 51 (Border and Immigration Inspectorate: plans) | 01.04.2008 and 06.01.2009 | 2008/309 and 2008/3136 |
| Sections 52 and 53 (Border and Immigration Inspectorate: relationship with other bodies) | 01.04.2008 and 06.01.2009 | 2008/309 and 2008/3136 |
| Section 54 (Border and Immigration Inspectorate: abolition of other bodies) | 01.04.2008 | 2008/309 |
| Section 55 (Border and Immigration Inspectorate: prescribed matters) | 01.04.2008 | 2008/309 |
| Section 56 (Border and Immigration Inspectorate: Senior President of Tribunals) | 01.04.2008 | 2008/309 |
| Schedule | 31.01.2008 and 01.04.2008 | 2008/309 |
