Catalogue description Records of the Immigration Appellate Authority

A statutory system of immigration appeals was established in 1970 under the Immigration Appeals Act 1969. It consists of a two tier Appellate Authority with adjudicators hearing appeals in the first instance and a further appeal to the Immigration Appeals Tribunal if either party is dissatisfied with the adjudicator's determination. The act conferred rights of appeal on Commonwealth citizens subject to immigration control against: exclusion at a port or airport; refusal of an entry certificate or visa; refusal to vary a condition of entry; proposal to deport; refusal to revoke a deportation order already made and the country of deportation when the deportation order is made.

The system continued with modifications under the Immigration Act 1971, which came into operation in 1973. In particular, the provisions of the earlier legislation which gave a general right of appeal, exercisable in this country against exclusion at the ports were not reproduced in the 1971 Act. Consequently, those rights of appeal were exercisable only from abroad except in the cases of persons arriving with entry clearances or work permits. Under the British Nationality Act 1981 a person may also appeal against the refusal to issue a certificate of entitlement.

The Immigration Act 1988 introduced further limitations to the right of appeal in the area of proof of right of abode and deportation in cases of breach of limited leave. The Asylum and Immigration Appeals Act 1993 established rights of appeal to a special adjudicator for asylum-seekers and their dependants on the grounds that their removal would be contrary to the Convention relating to the Status of Refugees (Geneva 1951).

Appeals from the Immigration Appeal Tribunal may be brought with its leave to the Court of Appeal in England and Wales and the Court of Session in Scotland.

The adjudicators, one of whom is appointed as chief adjudicator, are regarded as tribunals under the Tribunals and Enquiries Act 1971 and sit alone in various parts of the country.

The Immigration Appeals Tribunal comprises a President and members, some of whom are required to be legally qualified, and a panel of lay members.

In 1987 the Lord Chancellor took over from the Home Secretary responsibility for appointments, administration, salaries and rules of procedure of the Authority.

The Home Secretary is responsible for making regulations governing immigration control, the registration and supervision of aliens, the central registry of aliens and deportation.