Citation and commencement

1. These Regulations may be cited as the Immigration (Notices) Regulations 2003 and shall come into force on the 1st April 2003.

Interpretation

2. In these Regulations—

“the 1971 Act” means the Immigration Act 1971(2);

“the 1997 Act” means the Special Immigration Appeals Commission Act 1997(3);

“the 1999 Act” means the Immigration and Asylum Act 1999(4);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

“citizens' rights immigration decision” means a decision which can be appealed against under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020.

“decision-maker” means—

...

“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

...

“minor” means a person who is under 18 years of age;

“notice of appeal” means a notice in the appropriate prescribed form in accordance with the Procedure Rules ;

“Procedure Rules” means rules made under section 22 of, and Schedule 5 to, the Tribunals, Courts and Enforcement Act 2007 ;

“representative” means a person who appears to the decision-maker—

Transitional provision

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of decisions

4.—(1) Subject to regulation 6, the decision-maker must give written notice to a person of any decision taken in respect of him which is appealable under section 82(1) of the 2002 Act... or any citizens' rights immigration decision taken in respect of him which is appealable.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If the notice is given to the representative of the person, it is to be taken to have been given to the person.

Contents of notice

5.—(1)A notice given under regulation 4(1)—

(a)is to include or be accompanied by a statement of the reasons for the decision to which it relates; ...

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) ... The notice given under regulation 4 shall also include, or be accompanied by, a statement which advises the person of—

(a)his right of appeal and the statutory provision on which his right of appeal is based;

(b)whether or not such an appeal may be brought while in the United Kingdom;

(c)the grounds on which such an appeal may be brought; and

(d)the facilities available for advice and assistance in connection with such an appeal.

(4)The notice given under regulation 4 shall be accompanied by information about the process for providing a notice of appeal to the Tribunal and the time limit for providing that notice.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain notices under the 1971 Act deemed to comply with the Regulations

6.—(1) This regulation applies where the power to—

(a)refuse leave to enter; or

(b)vary leave to enter or remain in the United Kingdom;

is exercised by notice in writing under section 4 of (administration of control), or paragraph 6(2) (notice of decisions of leave to enter or remain) of Schedule 2 to, the 1971 Act.

(2) If—

(a)the statement required by regulation 5(3) is included in or accompanies that notice; and

(b)the notice is given in accordance with the provision of regulation 7;

the notice is to be taken to have been given under regulation 4(1) for the purposes of these Regulations.

Service of notice

7.—(1) A notice required to be given under regulation 4 may be—

(a)given by hand;

(b)sent by fax;

(c)sent by postal service in which delivery or receipt is recorded to:-

(i)an address provided for correspondence by the person or his representative; or

(ii)where no address for correspondence has been provided by the person, the last-known or usual place of abode or place of business of the person or his representative;

(d)sent electronically;

(e)sent by document exchange to a document exchange number or address;

(f)sent by courier; or

(g)collected by the person who is the subject of the decision or their representative.

(1A)A notice which has been uploaded to the electronic portal is deemed to have been sent electronically for the purposes of paragraph (1)(d).

(1B)Where the notice is uploaded to the electronic portal, the notice shall be deemed to have been received on the day on which the person who is the subject of the decision or a representative receives electronically a notification that the notice has been so uploaded.

(1C)In paragraphs (1A) and (1B), “electronic portal” means the online facility provided by the Home Office for the purpose of giving notices under this regulation.

(2) Where—

(a)a person’s whereabouts are not known; and

(b)(i)no address has been provided for correspondence and the decision-maker does not know the last-known or usual place of abode or place of business of the person; or

(ii)the address provided to the decision-maker is defective, false or no longer in use by the person; and

(c)no representative appears to be acting for the person,

the notice shall be deemed to have been given when the decision-maker enters a record of the above circumstances and places the ... notice on the relevant file.

(3)Where a notice has been given in accordance with paragraph (2) and then subsequently the person is located—

(a)he shall be given a copy of the notice and details of when and how it was given as soon as practicable; and

(b)the time limit for appeal under the Procedure Rules shall be calculated from the date the notice is deemed to have been given in accordance with paragraph (2).

(4)Where a notice is sent by post to a place outside the United Kingdom in accordance with paragraph (1)(c) it shall be deemed to have been received on the twenty-eighth day after it was posted, unless the contrary is proved.

(5) For the purposes of paragraph (4) the period is to be calculated—

(a)excluding the day on which the notice is posted; ...

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A notice given under regulation 4 may, in the case of a minor who does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child.