TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 30

SECTION TWO: CONTROL AFTER ENTRY

The powers conferred by the Act are to be exercised without regard to a person's race, colour or religion.

PART X: VARIATION OF LEAVE TO ENTER OR REMAIN

Introductory

84. Under sections 3 and 4 of the Immigration Act 1971 an Immigration Officer, when admitting to the United Kingdom a person subject to control under that Act, may give leave to enter for a limited period and, if he does, may impose conditions restricting employment or occupation in the United Kingdom or requiring the person to register with the police. He may also require him to report to the appropriate Medical Officer of Environmental Health. Under section 24 of the Act it is an offence knowingly to remain beyond the time limit or to fail to comply with such a condition or requirement.

85. Under section 3(3) of the Act a limited leave to enter or remain in the United Kingdom may be varied by extending or restricting its duration, by adding, varying or revoking conditions or by removing the time limit (where- upon any conditions attached to the leave cease to apply). The main purpose of this Part of the rules is to set out, in relation to the chief categories concerned, the principles on which leave to enter or remain will, on applica- tion, be varied. In the following paragraphs "leave to enter" includes leave to remain.

Rights of appeal

86. Under section 14 of the Act a person may appeal against any variation of his leave to enter or any refusal to vary it. However, there is no appeal against a variation of leave which reduces its duration, or against a refusal to extend or remove a time limit, if the Secretary of State personally decides that the departure of the person concerned from the United Kingdom would be conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature. There is no right of appeal either in respect of a variation made by statutory instrument. Where

(a) an application for variation of leave to enter is refused, or (b) a variation is made otherwise than on the application of the person

concerned, or is less favourable than that for which he applied, notice of the decision and, if an appeal lies, of his right of appeal will normally be handed to the person concerned or sent to his last known address or may be so given or sent to a person who has made the application on behalf of another. If notice of appeal is given within the period allowed, an explanatory statement summarising the facts of the case on the basis of which the decision was taken will be sent to the independent appellate authorities, who will notify the appellant of the arrangements for any appeal to be heard.

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