Statutory Instruments
2011 No. 1293 (C. 53)
Immigration
The UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011
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 ).
Citation
1. This Order may be cited as the UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011.
Commencement of the UK Borders Act 2007
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.
Transitional Provision
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under section 82(1) of the Nationality, Immigration and Asylum Act 2002 but has not yet been finally determined, withdrawn or abandoned or has not lapsed under section 99 of that Act .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