Statutory Instruments
2022 No. 571
Immigration
The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022
Made
23rd May 2022
Laid before Parliament
26th May 2022
Coming into force
28th June 2022
The Secretary of State, in exercise of the powers conferred by section 84(2) and (3) of the Nationality and Borders Act 2022( 1 ), makes the following Regulations.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022.
(2) They come into force on 28th June 2022.
(3) They extend to England and Wales, Scotland and Northern Ireland.
Amendment of the Special Immigration Appeals Commission (Procedure) Rules 2003
2. —(1) The Special Immigration Appeals Commission (Procedure) Rules 2003( 2 ) (“ the 2003 Rules ”) are amended as follows.
(2) In rule 2(1) (interpretation)—
(a) in the definition of “appellant”, for “or 2E” substitute “, 2E or 2F” ;
(b) for the definition of “application to the Commission for review under section 2C, 2D or 2E of the 1997 Act” substitute—
“ “ application to the Commission for review under section 2C, 2D, 2E or 2F of the 1997 Act ” means an application to the Commission under, as the case may be, subsection (2) of section 2C, 2D, 2E or 2F of the 1997 Act to set aside a decision to which that subsection applies, and, unless the contrary intention appears, “ applying for review ” and “ application for review ” are to be read accordingly; ” .
(3) In each of the following, for “or 2E” substitute “, 2E or 2F” —
(a) rule 3(aa) (scope of the 2003 Rules);
(b) rule 6(b) (scope of Part 2 of the 2003 Rules);
(c) rule 10(A1) (Secretary of State’s reply to an appeal);
(d) rule 10A(A1) (further material in relation to an appeal);
(e) rule 26(a)(ii) (scope of Part 5 of the 2003 Rules).
(4) In rule 8(4A) (time limit for appealing or for applying for review) for “or section 2D(1)(b)” substitute “, section 2D(1)(b) or section 2F(1)(c)” .
Amendment of the Immigration (Biometric Registration) Regulations 2008
3. —(1)The Immigration (Biometric Registration) Regulations 2008( 3 ) are amended as follows.
(2) In regulation 2 (interpretation), for the definition of “refugee” substitute, ““ refugee ” means a person who falls within Article 1 of the Geneva Convention( 4 );”.
Tom Pursglove
Parliamentary Undersecretary of State
Home Office
23rd May 2022
S.I. 2003/1034 , amended by S.I. 2007/1285 , 2013/2995 , 2015/867 and 2018/736 ; there are other amendments but none is relevant.
S.I. 2008/3048 , amended by S.I. 2012/594 ; there are other amendments but none is relevant.
“Geneva Convention” is defined in regulation 2 of S.I. 2008/3048 and means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the New York Protocol of 31st January 1967.