Citation and commencement

1. These Regulations may be cited as the Immigration (Claimant’s Credibility) Regulations 2004 and shall come into force on the 1st January 2005.

Interpretation

2. In these Regulations –

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc) Act 2004;

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

Manner of notifying immigration decision

3. —(1) For the purpose of section 8(5) of the 2004 Act a person may be notified of an immigration decision in any of the following ways –

(a) orally, including by means of a telecommunications system;

(b) in writing given by hand; or

(c) in writing

(i) sent by fax to a fax number;

(ii) sent by electronic mail to an electronic mail address; or

(iii) delivered or sent by postal service to an address,

provided for correspondence by the person or his representative.

(2) Where no fax number, electronic mail or postal address for correspondence has been provided by the person, notice of an immigration decision under paragraph (1)(c) may be delivered or sent by postal service to the last known or usual place of abode or place of business of the person or his representative.

(3) Notice given in accordance with paragraph (1) or (2) to the representative of the person, is to be taken to have been given to the person.

(4) In the case of a minor who does not have a representative, notice given in accordance with paragraph (1) or (2) to the parent, guardian or another adult who for the time being takes responsibility for the minor is taken to have been given to the minor.

Presumptions about receipt of notice

4. —(1) For the purpose of section 8(5) of the 2004 Act notice of an immigration decision shall, unless the contrary is proved, be treated as received;

(a) where the notice is sent by postal service in which delivery or receipt is recorded to an address, on the recorded date of delivery or receipt, or on the second day after the day it was posted, whichever is the earlier;

(b) in any other case in which the notice is sent by postal service on the second day after the day it was posted; or

(c) in any other case, on the day and time that it was communicated orally, given by hand or sent by electronic mail or fax.

(2) For the purposes of determining the second day after a notice is posted under paragraph (1) (a) and (b) any day which is not a business day shall be excluded.

(3) In this regulation “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971( 3 ) in the part of the United Kingdom from or to which the notice is sent, Christmas Day or Good Friday.