Legislation – Border Security, Asylum and Immigration Act 2025

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Part 2Asylum and immigration

Appeals

50Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation

(1)

After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section 49) insert—

“86BTimeframe for determination of appeal brought by certain non-detained appellants liable to deportation

(1)

This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).

(2)

A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—

(a)

is not detained (whether under any provision of the Immigration Acts or otherwise),

(b)

has been convicted of an offence (whether in or outside the United Kingdom), and

(c)

is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).

(3)

The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.

(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.”

(2)

In Schedule 2 to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the Tribunal)—

(a)

in paragraph 1, after paragraph (b) insert—

“(ba)

section 86B;”;

(b)

in paragraph 3, after sub-paragraph (5) insert—

“(5A)

Section 86B has effect as if for subsection (4) there were substituted—

“(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.”

(3)

In Schedule 2 to the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have effect following its revocation, after paragraph 1 insert—

“1A

Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—

“(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.”