Immigration, Asylum and Nationality Act 2006 (Commencement No 8 and Transitional and Saving Provisions) (Amendment) Order 2012 (SI 2012/1531)

Background

The Immigration, Asylum and Nationality Act 2006 (Commencement No 8 and Transitional and Saving Provisions) Order 2008, SI 2008/310, art 4 makes saving and transitional provision for the commencement of the Immigration, Asylum and Nationality Act 2006, s 4, which replaces the Nationality, Immigration and Asylum Act 2002, ss 88A, 90, 91 with a new s 88A.

This inserted section limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination). Family visitors and people wishing to join dependents in the United Kingdom, however, retain a full right of appeal under this section.

Under SI 2008/310, art 4, s 88A only applies to applications that must be considered under the “Points Based System”.

What’s Changing?

Section