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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> ZA (s 58(9), Abandonment, Date of grant) Ethiopia [2004] UKIAT 00241 (31 August 2004) URL: http://www.bailii.org/uk/cases/UKIAT/2004/00241.html Cite as: [2004] UKIAT 241, [2004] UKIAT 00241, [2004] Imm AR 538 |
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ZA (s 58(9) – Abandonment – Date of grant) Ethiopia [2004] UKIAT 00241
Date of hearing: 17 June 2004
Date Determination notified: 31 August 2004
ZA | APPELLANT |
and | |
Secretary of State for the Home Department | RESPONDENT |
Section 58(9) of the 1999 Act requires an appeal under that Act to be treated as abandoned even if the grant of leave postdates the coming into force of the 2002 Act.
"Determination of asylum claim
Your client's claim for asylum in the United Kingdom has been carefully considered within the Immigration and Nationality Directorate of the Home Office and it has been refused for the reasons given in the reasons for refusal letter. Your client's claim has been recorded as determined on 16 January 2004. However, a decision has been taken that it would be appropriate to grant your client humanitarian protection in the United Kingdom for a specified period. I would be grateful if you would forward the enclosed letters and papers to your client at the earliest opportunity. This decision is not an appealable decision under section 82 of the Nationality, Immigration and Asylum Act 2002."
"Grant of humanitarian protection
Your client has been reviewed and you have been granted humanitarian protection in the United Kingdom, which is a discretionary grant of leave to enter or remain in the United Kingdom not covered by the Immigration Rules. You have been granted leave to enter until 16/01/2007."
The rest of the letter sets out the benefits and conditions of that grant.
"A pending appeal under any provision of this Part other than section 69(3) is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.."
"An appeal under section 82(1) shall be treated as abandoned if the appellant-
(a) is granted leave to enter or remain in the United Kingdom."
"Repeal
(1) Part IV of the Immigration and Asylum Act 1999 (c 33) (appeals) shall cease to have effect.
(2) Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of that Act and its replacement by this Part) shall have effect.
(3) Schedule 7 (consequential amendments) shall have effect."
"Transitional provisions
3(1) Subject to Schedule 2, the new appeals provisions are not to have effect in relation to events which took place before 1st April 2003 and, notwithstanding their repeal by the provisions of the 2002 Act commenced by this Order, the old appeals provisions are to continue to have effect in relation to such events.
(2) Schedule 2, which makes further transitional provisions, has effect.
Definitions for transitional provisions
4(1) In this Order-
(a) "the new appeals provisions" means sections 82 to 99 and sections 101 to 103 of the 2002 Act; together with any provision (including subordinate legislation) of-
(i) the 2002 Act;
(ii) the 1971 Act, the 1997 Act and the 1999 Act (all as amended by the 2002 Act);
which refer to those provisions
(b) "the old appeals provisions" means-
(i) sections 13 to 17 of the 1971 Act;
(ii) subsections (1) to (4) of section 8 of the 1993 Act;
(iii) the 1997 Act (without the amendments made by the 2002 Act);
(iv) Part IV of, and Schedule 4 (except paragraphs 10 to 20 and 23) to, the 1999 Act;
(v) section 115 of the 2002 Act;
together with-
(vi) any subordinate legislation which applies to those provisions (unless specific provision is made to the contrary); and
(vii) any provision of the old Immigration Acts which refers to those provisions;
(c) "the old Immigration Acts" means the 1971 Act, the 1988 Act, the 1993 Act, the 1996 Act, the 1997 Act and the 1999 Act, all without the amendments made by the 2002 Act.
(3) For the purposes of article 2 and Schedule 2, an event has taken place under the old Immigration Acts where-
(a) a notice was served;
(b) a decision was made or taken;
(c) directions were given; and
(d) a certificate was issued.
(4) For the purposes of this Order-
(a) a notice was served;
(b) a decision was made or taken;
(c) directions were given; and
(d) a certificate was issued;
on the day on which it was or they were sent to the person concerned, if sent by post or by fax, or delivered to that person, if delivered by hand.
(5) In this article-
(a) "this person concerned" means the person who is the subject of the notice, decision, directions or certificate or the person who appears to be his representative; and
(b) a reference to the issue of a certificate is a reference to the issue of a certificate under section 11, 12 or 72(2) of the 1999 Act or section 115 of the 2002 Act."
"(4) Subject to the provisions of the Order and any other enactment sections 59 to 78 and schedules 2 to 4 [of the 1999 Act] shall continue to have effect in relation to events which took place before 1st April 2003."
"83 Appeal: asylum claim
(1) This section applies where a person has made any asylum claim and-
(a) his claim has been rejected by the Secretary of State, but(b) he has been granted leave to enter or remain in the United Kingdom for a period exceeding one year (or for periods exceeding one year in aggregate).
(2) The person may appeal to an adjudicator against the rejection of his asylum claim."
C M G OCKELTON
DEPUTY PRESIDENT