RIGHTS OF APPEAL

25. Persons subject to immigration control will in general have rights of appeal under the Bill corresponding to those conferred by the Immigration Appeals Act 1969 and the Aliens (Appeals) Order 1970. The exceptions are as follows:

2. no appeal is to lie against a decision by the Home Secretary (or by an immigration officer or entry certificate or visa officer on the Home Secretary's instructions) which is taken on the ground that it is not conducive to the public good for the person concerned to enter or remain in this country;

b. no appeal is to lie against a decision taken on the ground that the presence of the person concerned is or would be contrary to the interests of national security;

C. when entry is refused to a person who does not hold an entry certificate, visa or work permit, any right of appeal against exclusion is to be exercisable only from overseas, after his removal, under the same procedure as if he were appealing against refusal of an entry certificate or visa.

The special appeal procedure for security and political cases will be abolished.

REGISTRATION AS CITIZENS OF THE UNITED KINGDOM AND COLONIES

26. Subject to the exception indicated in the next paragraph, the Bill will remove the entitlement which a Commonwealth citizen or citizen of the Irish Republic now has to be registered as a citizen of the United Kingdom and Colonies on completing 5 years' ordinary residence in the United Kingdom or 5 years' Crown service under the United Kingdan Government. Instead the Secretary of State is to have power as a matter of discretion to register a Commonwealth or Irish citizen who has the qualifications now required for registration on grounds of residence or Crown service and the following additional qualifications:

a

good character;

b. sufficient knowledge of the English language;

C.

the intention, if registered, to reside in the United Kingdam or in a dépendent territory or to enter or continue in Crown service.

The Secretary of State will retain power to register after a period shorter than 5 years in the special circumstances of a particular case.

27.

The Bill will, however, preserve the entitlement to registration of persons who have already settled lawfully in this country by providing for the registration, as of right, of any Commonwealth or Irish citizen who satisfies the Home Secretary that

a. on a date to be fixed by the Bill he was ordinarily resident in the United Kingdom;

b. at the time of his application he has been ordinarily resident in the United Kingdom for 5 years or more;

CONFIDENTIAL

7

Share This Page