Office of Public Sector Information
SCHEDULE 10 continued PART 5 continued
(2) In subsection (1) the reference to a member of the applicant’s family shall be construed in accordance with regulations.
(3) Regulations under subsection (2) may, in particular, make provision wholly or partly by reference to the duration of two individuals’ residence together.
(4) Subsection (1) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b) and (c).
(1) A person may not appeal under section 82(1) against refusal of entry clearance if he seeks it—
(a) in order to follow a course of study for which he has been accepted and which will not last more than six months,
(b) in order to study but without having been accepted for a course, or
(c) as the dependant of a person seeking entry clearance for a purpose described in paragraph (a) or (b).
(2) Subsection (1) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b) and (c).
(1) A person may not appeal under section 82(1) while he is in the Isle of Man unless his appeal is of a kind to which this section applies.
(2) This section applies to an appeal against an immigration decision of a kind specified in section 82(2)(c), (d), (e), (f) and (j).
(3) This section also applies to an appeal against refusal of leave to enter the Isle of Man if—
(a) at the time of the refusal the appellant is in the Isle of Man, and
(b) on his arrival in the Isle of Man the appellant had entry clearance.
(3A) But this section does not apply by virtue of subsection (3) if subsection (3B) or (3C) applies to the refusal of leave to enter.
(3B) This subsection applies to a refusal of leave to enter which is a deemed refusal under paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 resulting from cancellation of leave to enter by an immigration officer—
(a) under paragraph 2A(8) of that Schedule, and
(b) on the grounds specified in paragraph 2A(2A) of that Schedule.
(3C) This subsection applies to a refusal of leave to enter which specifies that the grounds for refusal are that the leave is sought for a purpose other than that specified in the entry clearance.
(3D) This section also applies to an appeal against refusal of leave to enter the Isle of Man if at the time of the refusal the appellant—
(a) is in the Isle of Man,
(b) has a work permit, and
(c) is any of the following (within the meaning of the British Nationality Act 1981)—
(i) a British overseas territories citizen,
(ii) a British Overseas citizen,
(iii) a British National (Overseas),
(iv) a British protected person, or
(v) a British subject.
(4) This section also applies to an appeal against an immigration decision if the appellant—
(a) has made a human rights claim, while in the Isle of Man, or
(b) is an EEA national or a member of the family of an EEA national and makes a claim to the Governor that the decision breaches the appellant’s rights under the Community Treaties in respect of entry to or residence in the Isle of Man.
(1) This section applies to an appeal under section 82(1) where the appellant has a human rights claim.
(1A) A person may not bring an appeal against an immigration decision of a kind specified in section 82(2)(c), (d) or (e) in reliance on section 92(2) if the Governor certifies that the claim mentioned in subsection (1) above is clearly unfounded.
(2) A person may not bring an appeal to which this section applies in reliance on section 92(4)(a) if the Governor certifies that the claim mentioned in subsection (1) above is clearly unfounded.
(3) If the Governor is satisfied that a human rights claimant is entitled to reside in a State specified in an order under subsection (4), he shall certify the claim under subsection (2) unless satisfied that it is not clearly unfounded.
(4) (4)The Governor may by order specify a State for the purpose of subsection (3) if he is satisfied that—
(a) there is in general in that State or part no serious risk of persecution of persons entitled to reside in that State or part, and
(b) removal to that State or part of persons entitled to reside there will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
(6A) Subsection (3) shall not apply in relation to a human rights claimant who—
(d) is the subject of an authority to proceed under section 7 of the Extradition Act 1989) or an order under paragraph 4(2) of Schedule 1 to that Act, or
(e) is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.
(6B) A certificate under subsection (1A) or (2) may not be issued (and subsection (3) shall not apply) in relation to an appeal under section 82(2)(d) or (e) against a decision relating to leave to enter or remain in the Isle of Man, where the leave was given in circumstances specified for the purposes of this subsection by order of the Governor.
(7) A person may not bring an appeal to which this section applies in reliance on section 92(4) if the Governor certifies that—
(a) it is proposed to remove the person to a country of which he is not a national or citizen, and
(b) there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.
(8) In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the Isle of Man, the country specified in the certificate is to be regarded as—
(a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and
(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.
(9) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal under section 82(1) while outside the Isle of Man, the appeal shall be considered as if he had not been removed from the Isle of Man.
A person who is outside the Isle of Man may not appeal under section 82(1) on the ground specified in section 84(1)(g) (except in a case to which section 94(9) applies).
(1) An appeal under section 82(1) against an immigration decision (“the new decision”) in respect of a person may not be brought if the Governor or an immigration officer certifies—
(a) that the person was notified of a right of appeal under that section against another immigration decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),
(b) that the claim or application to which the new decision relates relies on a matter that could have been raised in an appeal against the old decision, and
(c) that, in the opinion of the Governor or the immigration officer, there is no satisfactory reason for that matter not having been raised in an appeal against the old decision.
(2) An appeal under section 82(1) against an immigration decision (“the new decision”) in respect of a person may not be brought if the Governor or an immigration officer certifies—
(a) that the person received a notice under section 120 by virtue of an application other than that to which the new decision relates or by virtue of a decision other than the new decision,
(b) that the new decision relates to an application or claim which relies on a matter that should have been, but has not been, raised in a statement made in response to that notice, and
(c) that, in the opinion of the Governor or the immigration officer, there is no satisfactory reason for that matter not having been raised in a statement made in response to that notice.
(4) In subsection (1) “notified” means notified in accordance with regulations under section 105.
(5) Subsections (1) and (2) apply to prevent a person’s right of appeal whether or not he has been outside the Isle of Man since an earlier right of appeal arose or since a requirement under section 120 was imposed.
(7) A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.
(1) An appeal under section 82(1) against a decision in respect of a person may not be brought or continued if the Governor certifies that the decision is or was taken—
(a) by the Governor wholly or partly on a ground listed in subsection (2), or
(b) in accordance with a direction of the Governor which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2).
(2) The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the Isle of Man is—
(a) in the interests of national security in the United Kingdom or the Isle of Man, or
(b) in the interests of the relationship between the United Kingdom and another country.
(3) An appeal under section 82(1) against a decision may not be brought or continued if the Governor certifies that the decision is or was taken wholly or partly in reliance on information which in his opinion should not be made public—
(a) in the interests of national security,
(b) in the interests of the relationship between the United Kingdom and another country, or
(c) otherwise in the public interest.
(4) In subsections (1)(a) and (b) and (3) a reference to the Governor is to the Governor acting in person.
(1) This section applies where the Governor certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the Isle of Man would be in the interests of national security in the United Kingdom or the Isle of Man.
(2) Where this section applies—
(a) section 79 shall not apply, and
(b) the Governor shall be taken to have certified the decision to make the deportation order under section 97.
(1) This section applies to an immigration decision of a kind referred to in section 82(2)(a) or (b).
(2) An appeal under section 82(1) against an immigration decision may not be brought or continued if the Governor certifies that the decision is or was taken—
(a) by the Governor wholly or partly on the ground that the exclusion or removal from the Isle of Man of the person to whom the decision relates is conducive to the public good, or
(b) in accordance with a direction of the Governor which identifies the person to whom the decision relates and which is given wholly or partly on that ground.
(3) In subsection (2)(a) and (b) a reference to the Governor is to the Governor acting in person.
(4) Subsection (2) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 84(1)(b) and (c).
(5) Subsection (2) does not prevent the bringing of an appeal against an immigration decision of the kind referred to in section 82(2)(a) on the grounds referred to in section 84(1)(g).
(1) This section applies where a certificate is issued under section 96(1) or (2), 97 or 98 in respect of a pending appeal.
(2) The appeal shall lapse.
(1) This section applies to a decision of the adjudicator on an appeal under section 82.
(2) A party to the appeal may bring a further appeal on a point of law to the High Court.
(3) An appeal under subsection (2) may be brought only with the permission of—
(a) the adjudicator, or
(b) if the adjudicator refuses permission, the High Court.
(4) On an appeal under subsection (2) the High Court may—
(a) affirm the adjudicator’s decision;
(b) make any decision which the adjudicator could have made;
(c) remit the case to the adjudicator;
(d) affirm a direction under section 87;
(e) vary a direction under section 87;
(f) give a direction which the adjudicator could have given under section 87.
(7) In this section a reference to the adjudicator’s decision on an appeal does not include a reference to—
(a) a procedural, ancillary or preliminary decision.
(8) A decision of the High Court under this section shall be final.
(1) An appeal under section 82(1) is pending during the period—
(a) beginning when it is instituted, and
(b) ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
(4) An appeal under section 82(1) brought by a person while he is in the Isle of Man shall be treated as abandoned if the appellant leaves the Isle of Man.
(4A) An appeal under section 82(1) brought by a person while he is in the Isle of Man shall be treated as abandoned if the appellant is granted leave to enter or remain in the Isle of Man (subject to subsections (4B) and (4C)).
(4B) Subsection (4A) shall not apply to an appeal in so far as it is brought on the ground relating to the Refugee Convention specified in section 84(1)(g) where the appellant—
(a) is granted leave to enter or remain in the Isle of Man for a period exceeding 12 months, and
(b) gives notice, in accordance with any relevant procedural rules (which may include provision about timing), that he wishes to pursue the appeal in so far as it is brought on that ground.
(4C) Subsection (4A) shall not apply to an appeal in so far as it is brought on the ground specified in section 84(1)(b) where the appellant gives notice, in accordance with any relevant procedural rules (which may include provision about timing), that he wishes to pursue the appeal in so far as it is brought on that ground.
(5) An appeal under section 82(2)(a), (c), (d), (e) or (f) shall be treated as finally determined if a deportation order is made against the appellant.
(1) The Governor may make regulations requiring a person to be given written notice where an immigration decision is taken in respect of him.
(2) The regulations may, in particular, provide that a notice under subsection (1) of a decision against which the person is entitled to appeal under section 82(1) must state—
(a) that there is a right of appeal under that section, and
(b) how and when that right may be exercised.
(3) The regulations may make provision (which may include presumptions) about service.
(1) The Deemsters may make rules—
(a) regulating the exercise of the right of appeal under section 82 or by virtue of section 109;
(b) prescribing procedure to be followed in connection with proceedings under section 82 or by virtue of section 109.
(1A) In making rules under subsection (1) the Deemsters shall aim to ensure—
(a) that the rules are designed to ensure that proceedings before an adjudicator are handled as fairly, quickly and efficiently as possible, and
(b) that the rules where appropriate confer on an adjudicator responsibility for ensuring that proceedings before the adjudicator are handled as fairly, quickly and efficiently as possible.
(2) In particular, rules under subsection (1)—
(a) must entitle an appellant to be legally represented at any hearing of his appeal;
(b) may enable or require an appeal to be determined without a hearing;
(c) may enable or require an appeal to be dismissed without substantive consideration where practice or procedure has not been complied with;
(d) may enable or require an adjudicator to treat an appeal as abandoned in specified circumstances;
(e) may enable or require an adjudicator to determine an appeal in the absence of parties in specified circumstances;
(f) may enable or require an adjudicator to determine an appeal by reference only to written submissions in specified circumstances;
(g) may make provision about the adjournment of an appeal by an adjudicator (which may include provision prohibiting an adjudicator from adjourning except in specified circumstances);
(h) may make provision about the treatment of adjourned appeals by an adjudicator (which may include provision requiring an adjudicator to determine an appeal within a specified period);
(i) may make provision about the use of electronic communication in the course of or in connection with a hearing;
(m) must make provision about the consolidation of appeals;
(n) may make provision (which may include presumptions) about service;
(o) may confer ancillary powers on an adjudicator;
(p) may confer a discretion on an adjudicator;
(q) may require an adjudicator to give notice of a determination to a specified person;
(r) may require or enable notice of a determination to be given on behalf of an adjudicator;
(s) may make provision about the grant of bail by an adjudicator (which may, in particular, include provision which applies or is similar to any enactment).
(w) shall provide that a party to an appeal is to be treated as having received notice of an adjudicator’s decision, unless the contrary is shown, at such time as may be specified in, or determined in accordance with, the rules;
(y) may make provision about the form and content of decisions of an adjudicator.
(3) Rules under subsection (1)—
(a) may enable an adjudicator to make an award of costs or expenses,
(b) may make provision (which may include provision conferring discretion on a court) for the taxation or assessment of costs or expenses,
(c) may make provision about interest on an award of costs or expenses (which may include provision conferring a discretion or providing for interest to be calculated in accordance with provision made by the rules),
(d) may enable an adjudicator to disallow all or part of a representative’s costs or expenses, and
(e) may enable an adjudicator to require a representative to pay specified costs or expenses.
(4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with rules under subsection (1) to attend before an adjudicator—
(a) to give evidence, or
(b) to produce a document.
(5) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) This section applies where it is alleged—
(a) that a document relied on by a party to an appeal under section 82 is a forgery, and
(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.
(2) The adjudicator—
(a) must investigate the allegation in private, and
(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).
(1) Regulations may provide for, or make provision about, an appeal against an immigration decision taken in respect of a person who has or claims to have a right under any of the Community Treaties.
(2) The regulations may—
(a) apply a provision of this Act with or without modification;
(b) make provision similar to a provision made by or under this Act;
(c) disapply or modify the effect of a provision of this Act.
(3) In subsection (1) “immigration decision” means a decision about—
(a) a person’s entitlement to enter or remain in the Isle of Man, or
(b) removal of a person from the Isle of Man.
(1) Regulations under this Part shall be made by the Governor.
(3) Regulations and rules under this Part—
(a) may make provision which applies generally or only in a specified case or in specified circumstances,
(b) may make different provision for different cases or circumstances,
(c) may include consequential, transitional or incidental provision, and
(d) may include savings.
(3A) An order under section 88A—
(c) may include transitional provision.
(1) In this Part, unless a contrary intention appears—
“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 (interpretation),
“human rights claim” means a claim made by a person to the Governor that to remove the person from or require him to leave the Isle of Man or the United Kingdom would be unlawful under section 6 of the Human Rights Act 2001 (an Act of Tynwald) (public authority not to act contrary to Convention) as being incompatible with his Convention rights,
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 2001 (an Act of Tynwald) and “Convention rights” shall be construed in accordance with section 1 of that Act,
“illegal entrant” has the meaning given by section 33(1) of the Immigration Act 1971,
“immigration rules” means rules under section 1(4) of that Act (general immigration rules),
“prescribed” means prescribed by regulations,
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,
“visitor” means a visitor in accordance with immigration rules, and
“work permit” has the meaning given by section 33(1) of the Immigration Act 1971 (interpretation).
(2) A reference to varying leave to enter or remain in the Isle of Man does not include a reference to adding, varying or revoking a condition of leave.
(1) This section applies to a person if—
(a) he has made an application to enter or remain in the Isle of Man, or
(b) an immigration decision within the meaning of section 82 has been taken or may be taken in respect of him.
(2) An immigration officer may by notice in writing require the person to state—
(a) his reasons for wishing to enter or remain in the Isle of Man,
(b) any grounds on which he should be permitted to enter or remain in the Isle of Man, and
(c) any grounds on which he should not be removed from or required to leave the Isle of Man.
(3) A statement under subsection (2) need not repeat reasons or grounds set out in—
(a) the application mentioned in subsection (1)(a), or
(b) an application to which the immigration decision mentioned in subsection (1)(b) relates.
(1) The Governor may by regulations—
(a) require an immigration application to be accompanied by specified information about external physical characteristics of the applicant;
(b) enable an authorised person to require an individual who makes an immigration application to provide information about his external physical characteristics;
(c) enable an authorised person to require an entrant to provide information about his external physical characteristics.
(2) In subsection (1) “immigration application” means an application for—
(a) entry clearance,
(b) leave to enter or remain in the Isle of Man, or
(c) variation of leave to enter or remain in the Isle of Man.
(3) Regulations under subsection (1) may not—
(a) impose a requirement in respect of a person to whom section 141 of the Immigration and Asylum Act 1999 (fingerprinting) applies, during the relevant period within the meaning of that section, or
(b) enable a requirement to be imposed in respect of a person to whom that section applies, during the relevant period within the meaning of that section.
(4) Regulations under subsection (1) may, in particular—
(a) require, or enable an authorised person to require, the provision of information in a specified form;
(b) require an individual to submit, or enable an authorised person to require an individual to submit, to a specified process by means of which information is obtained or recorded;
(c) make provision about the effect of failure to provide information or to submit to a process (which may, in particular, include provision for an application to be disregarded or dismissed if a requirement is not satisfied);
(d) confer a function (which may include the exercise of a discretion) on an authorised person;
(e) require an authorised person to have regard to a code (with or without modification);
(f) require an authorised person to have regard to such provisions of a code (with or without modification) as may be specified by direction of the Governor;
(g) make provision about the use and retention of information provided (which may include provision permitting the use of information for specified purposes which do not relate to immigration);
(h) make provision which applies generally or only in specified cases or circumstances;
(i) make different provision for different cases or circumstances.
(5) Regulations under subsection (1) must—
(a) include provision about the destruction of information obtained or recorded by virtue of the regulations,
(b) require the destruction of information at the end of the period of ten years beginning with the day on which it is obtained or recorded in a case for which destruction at the end of another period is not required by or in accordance with the regulations, and
(c) include provision similar to section 143(2) and (10) to (13) of the Immigration and Asylum Act 1999 (fingerprints: destruction of copies and electronic data).
(6) In so far as regulations under subsection (1) require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints: children).
(7) In so far as regulations under subsection (1) enable an authorised person to require an individual under the age of 16 to submit to a process, the regulations must make provision similar to section 141(3) to (5), (12) and (13) of that Act (fingerprints: children).
(9) In this section—
“authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),
“code” has the meaning given by section 145(6) of that Act (code of practice),
“entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (interpretation),
“entry clearance” has the meaning given by section 33(1) of that Act, and
“external physical characteristics” includes, in particular, features of the iris or any other part of the eye.
(1) The Governor may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, information about his external physical characteristics to be used (wholly or partly) in connection with entry to the Isle of Man.
(2) In particular, the Governor may—
(a) require an authorised person to use information supplied under a scheme;
(b) make provision about the collection, use and retention of information supplied under a scheme (which may include provision requiring an authorised person to have regard to a code);
(c) charge for participation in a scheme.
(3) In this section the following expressions have the same meaning as in section 126—
(a) “authorised person”,
(b) “code”, and
(c) “external physical characteristics”.
(1) This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (control on entry, &c) has brought the person to the attention of—
(a) a medical inspector appointed under paragraph 1(2) of that Schedule, or
(b) a person working under the direction of a medical inspector appointed under that paragraph.
(2) A medical inspector may disclose to the Department—
(a) the name of a person to whom this section applies,
(b) his place of residence in the Isle of Man,
(c) his age,
(d) the language which he speaks,
(e) the nature of any disease with which the inspector thinks the person may be infected,
(f) relevant details of the person’s medical history,
(g) the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and
(h) the inspector’s opinion about action which the Department should take.
(3) A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—
(a) preventative medicine,
(b) medical diagnosis,
(c) the provision of care or treatment, or
(d) the management of health care services.
(4) In this section “the Department” means the Department of Health and Social Security.
(1) The Governor may require an employer to supply information about an employee whom the Governor reasonably suspects of having committed an offence under—
(a) section 24(1)(a), (b), (c), (e) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (illegal entry, deception, &c),
(2) The power under subsection (1) may be exercised to require information about an employee only if the information—
(a) is required for the purpose of establishing where the employee is, or
(b) relates to the employee’s earnings or to the history of his employment.
(3) In this section a reference to an employer or employee—
(a) includes a reference to a former employer or employee, and
(b) shall be construed in accordance with section 8(8) of the Asylum and Immigration Act 1996 (restrictions on employment).
(4) Where—
(a) a business (the “employment agency”) arranges for one person (the “worker”) to provide services to another (the “client”), and
(b) the worker is not employed by the employment agency or the client,
this section shall apply as if the employment agency were the worker’s employer while he provides services to the client.
(1) A requirement to provide information under section 134 must be imposed by notice in writing specifying—
(a) the information,
(b) the manner in which it is to be provided, and
(c) the period of time within which it is to be provided.
(2) A period of time specified in a notice under subsection (1)(c)—
(a) must begin with the date of receipt of the notice, and
(b) must not be less than ten working days.
(3) A person on whom a notice is served under subsection (1) must provide the Governor with the information specified in the notice.
(4) Information provided under subsection (3) must be provided—
(a) in the manner specified under subsection (1)(b), and
(b) within the time specified under subsection (1)(c).
(5) In this section “working day” means a day which is not—
(a) Saturday,
(b) Sunday,
(c) Christmas Day,
(d) Good Friday, or
(e) a day which has been declared a bank holiday under section 1 of the Bank Holidays Act 1989 (an Act of Tynwald).
The Immigration (Isle of Man) Order 2008