Equality Act 2006 Explanatory Notes

Section 67: Immigration

236.Section 67 provides that proceedings may not be brought under section 66 in a county or sheriff court in respect of an act of a public authority, if the lawfulness of the act could be raised in immigration proceedings – that is, proceedings under any of the Immigration Acts or the Special Immigration Appeals Commission Act 1997 (c.68).

237.If, during immigration proceedings, a court or tribunal finds that an unlawful act has been committed by a public authority under section 52, then a county or sheriff court hearing proceedings, as per section 68, must accept that finding.

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