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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

( 1 )

2022 c. 36 .

( 2 )

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.

( 3 )

S.I. 2008/3048 , amended by S.I. 2012/594 ; there are other amendments but none is relevant.

( 4 )

“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.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022 (2022/571)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
refugeereg. 3.legTermj7UBw3v4
the 2003 Rulesreg. 2.legTerm3zBIh1Ad
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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