Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
146A Special provisions relating to judicial review of decisions under this Act
  • (1) Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced within 3 months after the date of the decision, unless the High Court decides that, by reason of special circumstances, further time should be allowed.

    (2) Where a person has both—

    • (a) appealed against a decision of the Board or an Authority or the Tribunal under any of sections 115, 115A, and 117; and

    • (b) brought review proceedings in respect of that same decision,—

    the High Court is to endeavour to hear both matters together unless it considers it impracticable in the particular circumstances of the case to do so.

    (3) In this section, statutory power of decision has the same meaning as in section 3 of the Judicature Amendment Act 1972.

    (4) Nothing in this section limits the time for bringing review proceedings challenging the vires of any regulations made under this Act.

    Section 146A: inserted, on 1 April 1999, by section 53 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 146(2)(a): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).