Administrative removal where the Immigration Act 2014 does not apply
Produced in partnership with Jo Renshaw of Turpin Miller
Administrative removal where the Immigration Act 2014 does not apply

The following Immigration practice note produced in partnership with Jo Renshaw of Turpin Miller provides comprehensive and up to date legal information covering:

  • Administrative removal where the Immigration Act 2014 does not apply
  • Liability to administrative removal under the old section 10 provisions
  • General principles in administrative removal cases
  • The administrative steps under the old section 10
  • Challenging removal
  • Judicial review

Administrative removal where the Immigration Act 2014 does not apply

From 6 April 2015, most administrative removals will be dealt with under section 10 of the Immigration and Asylum Act 1999 (IA 1999), as amended by section 1 of the Immigration Act 2014 (IA 2014). For further information on this process, see Practice Note: Administrative removal where the Immigration Act 2014 and Immigration Act 2016 apply.

After 6 April 2015, only a small number of decisions will be dealt with under the ‘saved provisions’ relating to removal and appeal as defined in article (2)(e) of the Immigration Act 2014 (Commencement No 3, Transitional and Saving Provisions) Order 2014, SI 2014/2771 (Commencement Order No 3).

Article 9 of Commencement Order No 3, as amended by article 8 of the Immigration Act 2014 (Commencement No 4, Transitional and Saving Provisions and Amendment) Order 2015, SI 2015/371 (Commencement Order No 4) sets out that defined group of decisions as follows:

  1. a decision made on or after 6 April 2015 to refuse an application to vary leave to enter or remain made before 20 October 2014, where the person was seeking leave to remain as a Tier 4 migrant or as the family member of a Tier 4 migrant and where the result of that decision is that the applicant has no leave to enter or remain

  2. a decision made on

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