Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Nationality
The following shall be inserted after the word “and” after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation)—.
In paragraph 2(e) of that Schedule (waiver)—
for “the requirement specified in paragraph 1(1)(c)” there shall be substituted “ either or both of the requirements specified in paragraph 1(1)(c) and (ca) ”, and
for “expect him to fulfil it” there shall be substituted “ expect him to fulfil that requirement or those requirements ”.
The following shall be inserted after section 41(1)(b) of that Act (regulations)—.
The following shall be inserted after section 41(1) of that Act—
Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be amended as follows—
in paragraph 3(e) for “requirement specified in paragraph 1(1)(b)” substitute “ requirements specified in paragraph 1(1)(b), (c) and (ca) ”, and
in paragraph 4(c) omit“and (e)”.
Paragraphs 7 and 8 of that Schedule (requirements for naturalisation as British overseas territories citizen: spouse of citizen) shall be amended as follows—
in paragraph 7(e) for “requirement specified in paragraph 5(1)(b)” substitute “ requirements specified in paragraph 5(1)(b) and (c) ”, and
in paragraph 8(c) omit“and (e)”.
Schedule 1 (which makes provision about citizenship ceremonies, oaths and pledges) shall have effect.
The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)—
The following shall be inserted before section 3 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: bail)—
In section 5(1)(a) and (b) and (2) of that Act (procedure) after “section 2” there shall be inserted “ or 2B ”.
In exercising a power under section 40 of the British Nationality Act 1981 after the commencement of subsection (1) above the Secretary of State may have regard to anything which—
occurred before commencement, and
he could have relied on (whether on its own or with other matters) in making an order under section 40 before commencement.
In the following provisions of the British Nationality Act 1981 (c. 61) the words “, if a woman,” shall cease to have effect—
section 10(1) and (2)(registration as British citizen following renunciation of citizenship), and
section 22(1) and (2)(registration as British overseas territories citizen following renunciation of citizenship).
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Section 44(2) and (3) of the British Nationality Act 1981 (c. 61) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.
Section 1(5) of the British Nationality (Hong Kong) Act 1990 (c. 34) (no requirement to give reasons for discretionary decision, and no right of appeal) shall cease to have effect.
In paragraph 3(1)(b) of Schedule 2 to the British Nationality Act 1981 (application by person born in United Kingdom or overseas territory for registration as citizen: age requirement) the words “had attained the age of ten but” shall cease to have effect.
The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)—
In section 3(6) of that Act (registration of minor as British citizen)—
after paragraph (a) insert “ and ”,
the word “and” after paragraph (b) shall cease to have effect, and
paragraph (c) (illegitimate child) shall cease to have effect.
In section 17(6) of that Act (registration of minor as British overseas territories citizen)—
after paragraph (a) insert “ and ”,
the word“and” after paragraph (b) shall cease to have effect, and
paragraph (c)(illegitimate child) shall cease to have effect.
Section 47 of that Act (legitimated children) shall cease to have effect.
In Schedule 2 to that Act (persons otherwise stateless)—
in paragraph 1(1)(b) (person born in United Kingdom), the words “he is born legitimate and” shall cease to have effect, and
in paragraph 2(1)(b) (person born in British overseas territory), the words “he is born legitimate and” shall cease to have effect.
The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.
The regulations may, in particular—
specify to whom an application must be made;
specify the place (which may be outside the United Kingdom) to which an application must be sent;
provide that an application must be accompanied by specified information;
provide that an application must be accompanied by specified documents;
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specify the consequences of failure to comply with a requirement under any of paragraphs (a) to (d) above;
provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;
make provision about the revocation of a certificate.
The regulations may—
make provision which applies generally or only in specified cases or circumstances;
make different provision for different purposes;
include consequential, incidental or transitional provision.
The regulations—
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Immigration Act 1971 (c. 77) shall be amended as follows—
in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and
in section 33(1) for the definition of “certificate of entitlement” substitute—.
Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—
is issued before the regulations come into force, and
is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.
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The following shall be inserted after section 4A of the British Nationality Act 1981 (c. 61) (registration as British citizen)—
In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) for “section 5” there shall be substituted “ section 4B or 5 ”.
The following shall be inserted after section 4B of the British Nationality Act 1981 (registration as British citizen)—
In section 14(1) of that Act (meaning of British citizen “by descent”), in paragraph (d) after the words “section 4B” (as substituted by section 12(2) of this Act) there shall be inserted “ , 4C ”.
A person may not be registered as a British overseas territories citizen under a provision of the British Nationality Act 1981 (c. 61) by virtue of a connection with Hong Kong.
Schedule 2 (which repeals spent provisions) shall have effect.
Accommodation Centres
Establishment
The Secretary of State may arrange for the provision of premises for the accommodation of persons in accordance with this Part.
A set of premises provided under this section is referred to in this Act as an “accommodation centre”.
The Secretary of State may arrange for—
the provision of facilities at or near an accommodation centre for sittings of adjudicators appointed for the purpose of Part 5 in accordance with a determination . . . under paragraph 2 of Schedule 4;
the provision of facilities at an accommodation centre for the taking of steps in connection with the determination of claims for asylum (within the meaning of section 18(3)).
Use of centres
The Secretary of State may arrange for the provision of accommodation for a person in an accommodation centre if—
the person is an asylum-seeker or the dependant of an asylum-seeker, and
the Secretary of State thinks that the person is destitute or is likely to become destitute within a prescribed period.
The Secretary of State may make regulations about procedure to be followed in respect of the provision of accommodation under this section.
The regulations may, in particular, make provision—
specifying procedure to be followed in applying for accommodation in an accommodation centre;
providing for an application to be combined with an application under or in respect of another enactment;
requiring an applicant to provide information;
specifying circumstances in which an application may not be considered (which provision may, in particular, provide for an application not to be considered where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (e));
about the making of enquiries by the Secretary of State;
requiring a person to notify the Secretary of State of a change in circumstances.
asylum-seeker,
dependant, and
destitute.
For the purposes of this Part a person is an “asylum-seeker” if—
he is at least 18 years old,
he is in the United Kingdom,
a claim for asylum has been made by him at a place designated by the Secretary of State,
the Secretary of State has recorded the claim, and
the claim has not been determined.
But if a claim is—the claim ceases to be treated as determined from the time of the decision to consider the claim.
declared inadmissible under section 80B, and
nevertheless considered by the Secretary of State in accordance subsection (7) of that section,
A person shall continue to be treated as an asylum-seeker despite subsection (1)(e) while—
his household includes a dependent child who is under 18, and
he does not have leave to enter or remain in the United Kingdom.
A claim for asylum is a claim by a person that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—
the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or
Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950.
Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both—
adequate accommodation, and
food and other essential items.
Where a person does not have dependants, he is destitute for the purpose of this Part if he does not have and cannot obtain both—
adequate accommodation, and
food and other essential items.
In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State must have regard to any matter prescribed for the purposes of this subsection.
In determining whether accommodation is adequate for the purposes of subsection (1) or (2) the Secretary of State may not have regard to—
whether a person has an enforceable right to occupy accommodation,
whether a person shares all or part of accommodation,
whether accommodation is temporary or permanent,
the location of accommodation, or
any other matter prescribed for the purposes of this subsection.
The Secretary of State may by regulations specify items which are or are not to be treated as essential items for the purposes of subsections (1) and (2).
The Secretary of State may by regulations—
provide that a person is not to be treated as destitute for the purposes of this Part in specified circumstances;
enable or require the Secretary of State in deciding whether a person is destitute to have regard to income which he or a dependant of his might reasonably be expected to have;
enable or require the Secretary of State in deciding whether a person is destitute to have regard to support which is or might reasonably be expected to be available to the person or a dependant of his;
enable or require the Secretary of State in deciding whether a person is destitute to have regard to assets of a prescribed kind which he or a dependant of his has or might reasonably be expected to have;
make provision as to the valuation of assets.
For the purposes of this Part a person is a “dependant” of an asylum-seeker if (and only if) that person—
is in the United Kingdom, and
is within a prescribed class.
The Secretary of State may inquire into and decide a person’s age.
A claim for asylum shall be treated as determined at the end of such period as may be prescribed beginning with—
if the claimant appeals against the Secretary of State’s decision, the date on which the appeal is disposed of.
A notice under subsection (3)(a)—
must be in writing, and
if sent by first class post to the claimant’s last known address or to the claimant’s representative, shall be treated as being received by the claimant on the second day after the day of posting.
An appeal is disposed of when it is no longer pending for the purpose of—
Part 5 of this Act, or
the Special Immigration Appeals Commission Act 1997 (c. 68).
The Secretary of State may provide support under section 95 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker) by arranging for the provision of accommodation in an accommodation centre.
A residence condition may include a requirement to reside at an accommodation centre.
In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.
Where a person is required to reside in an accommodation centre by virtue of subsection (1) the Secretary of State must arrange for the provision of accommodation for the person in an accommodation centre.
If the Secretary of State thinks that a person may be eligible for the provision of accommodation in an accommodation centre under section 17, he may arrange for the provision for the person, pending a decision about eligibility, of—
accommodation in an accommodation centre, or
other support or assistance (of any kind).
Section 99 of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authority) shall have effect in relation to the provision of support for persons under subsection (1) above as it has effect in relation to the provision of support for asylum-seekers under sections 95 and 98 of that Act.
The Secretary of State may not arrange for the provision of accommodation for a person in an accommodation centre if he has been a resident of an accommodation centre for a continuous period of six months.
But—
subsection (1) may be disapplied in respect of a person, generally or to a specified extent, by agreement between the Secretary of State and the person, and
if the Secretary of State thinks it appropriate in relation to a person because of the circumstances of his case, the Secretary of State may direct that subsection (1) shall have effect in relation to the person as if the period specified in that subsection were the period of nine months.
Section 51 is subject to this section.
The Secretary of State may by order amend subsection (1) or (2)(b) so as to substitute a shorter period for a period specified.
the Secretary of State suspects that the person or a dependant of his has committed an offence by virtue of section 35, or
circumstances exist which would have enabled the Secretary of State to withdraw support from the person by virtue of this section had he been receiving support.
This section is without prejudice to section 103 of the Immigration and Asylum Act 1999 (c. 33) (appeal against refusal to support).
Operation of centres
A reference in this Part to a resident of an accommodation centre is a reference to a person for whom accommodation in the centre is provided—
under section 17,
by virtue of section 22,
by virtue of section 23, or
under section 24.
A reference in this Part to the manager of an accommodation centre is a reference to a person who agrees with the Secretary of State to be wholly or partly responsible for the management of the centre.
The Secretary of State may arrange for the following to be provided to a resident of an accommodation centre—
food and other essential items;
money;
assistance with transport for the purpose of proceedings under the Immigration Acts or in connection with a claim for asylum;
transport to and from the centre;
assistance with expenses incurred in connection with carrying out voluntary work or other activities;
education and training;
facilities relating to health;
facilities for religious observance;
anything which the Secretary of State thinks ought to be provided for the purpose of providing a resident with proper occupation and for the purpose of maintaining good order;
anything which the Secretary of State thinks ought to be provided for a person because of his exceptional circumstances.
The Secretary of State may make regulations specifying the amount or maximum amount of money to be provided under subsection (1)(b).
The Secretary of State may arrange for the provision of facilities in an accommodation centre for the use of a person in providing legal advice to a resident of the centre.
The Secretary of State shall take reasonable steps to ensure that a resident of an accommodation centre has an opportunity to obtain legal advice before any appointment made by an immigration officer or an official of the Secretary of State for the purpose of obtaining information from the resident to be used in determining his claim for asylum.
The Secretary of State may by order amend subsection (1) so as to add a reference to facilities which may be provided.
The Secretary of State may make regulations about conditions to be observed by residents of an accommodation centre.
Regulations under subsection (1) may, in particular, enable a condition to be imposed in accordance with the regulations by—
the Secretary of State, or
the manager of an accommodation centre.
A condition imposed by virtue of this section may, in particular—
require a person not to be absent from the centre during specified hours without the permission of the Secretary of State or the manager;
require a person to report to an immigration officer or the Secretary of State.
If a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—
require the resident and any dependant of his to leave the centre;
authorise the manager of the centre to require the resident and any dependant of his to leave the centre.
If a dependant of a resident of an accommodation centre breaches a condition imposed by virtue of this section, the Secretary of State may—
require the resident and any dependant of his to leave the centre;
authorise the manager of the centre to require the resident and any dependant of his to leave the centre.
Regulations under this section must include provision for ensuring that a person subject to a condition is notified of the condition in writing.
A condition imposed by virtue of this section is in addition to any condition imposed under Schedule 10 to the Immigration Act 2016.
A reference in this Part to a condition of residence is a reference to a condition imposed by virtue of this section.
A condition of residence may, in particular, require a resident of an accommodation centre to make payments to—
the Secretary of State, or
the manager of the centre.
The Secretary of State may make regulations enabling him to recover sums representing the whole or part of the value of accommodation and other facilities provided to a resident of an accommodation centre if—
accommodation is provided for the resident in response to an application by him for support,
when the application was made the applicant had assets which were not capable of being realised, and
the assets have become realisable.
In subsection (2) “assets” includes assets outside the United Kingdom.
An amount recoverable by virtue of regulations made under subsection (2) may be recovered—
as a debt due to the Secretary of State;
by another prescribed method (which may include the imposition or variation of a residence condition).
A resident of an accommodation centre shall not be treated as acquiring a tenancy of or other interest in any part of the centre (whether by virtue of an agreement between the resident and another person or otherwise).
Subsection (3) applies where—
the Secretary of State decides to stop arranging for the provision of accommodation in an accommodation centre for a resident of the centre, or
a resident of an accommodation centre is required to leave the centre in accordance with section 30.
Where this subsection applies—
the Secretary of State or the manager of the centre may recover possession of the premises occupied by the resident, and
the right under paragraph (a) shall be enforceable in accordance with procedure prescribed by regulations made by the Secretary of State.
Any licence which a resident of an accommodation centre has to occupy premises in the centre shall be an excluded licence for the purposes of the Protection from Eviction Act 1977 (c. 43).
The following shall be inserted after section 3A(7A) of the Protection from Eviction Act 1977 (disapplication of section 3: Part VI of Immigration and Asylum Act 1999 (c. 33))—
The following shall be inserted after section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights)—
In this section a reference to an accommodation centre includes a reference to premises in which accommodation is provided under section 24(1)(b).
The Secretary of State shall appoint a group (to be known as an Accommodation Centre Advisory Group) for each accommodation centre.
The Secretary of State may by regulations—
confer functions on Advisory Groups;
make provision about the constitution and proceedings of Advisory Groups.
Regulations under subsection (2)(a) must, in particular, provide for members of an accommodation centre’s Advisory Group—
to visit the centre;
to hear complaints made by residents of the centre;
to report to the Secretary of State.
The manager of an accommodation centre must permit a member of the centre’s Advisory Group on request—
to visit the centre at any time;
to visit any resident of the centre at any time, provided that the resident consents.
A member of an Advisory Group shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, resignation or dismissal).
The Secretary of State may—
defray expenses of members of an Advisory Group;
make facilities available to members of an Advisory Group.
General
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The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall apply for the purposes of this Part as they apply for the purposes of Part VI of that Act (support for asylum-seeker)—
section 105 (false representation),
section 106 (dishonest representation),
section 107 (delay or obstruction),
section 108 (failure of sponsor to maintain),
section 109 (offence committed by body),
section 112 (recovery of expenditure),
section 113 (recovery of expenditure from sponsor),
section 124 (corporation sole), and
section 127 (redirection of post).
For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of local authority) a resident of an accommodation centre shall not be treated as part of the population of a local authority area.
A child who is a resident of an accommodation centre may not be admitted to a maintained school or a maintained nursery (subject to section 37).
But subsection (2) does not prevent a child’s admission to a school which is—
a community special school or a foundation special school, and
named in an EHC plan maintained for the child under section 37 of the Children and Families Act 2014 or a statement in respect of the child under section 324 of the Education Act 1996 (c. 56) (special educational needs) an individual development plan maintained for the child under section 14 or 19 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
In subsections (2) and (3)—
“maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (c. 31) (definition), and
“maintained nursery” means a facility for nursery education, within the meaning of section 117 of that Act, provided by a local authority.
The following shall not apply in relation to a child who is a resident of an accommodation centre (subject to section 37)—
section 94 of that Act (appeal),
section 316(2) and (3) of that Act (child with special educational needs to be educated in mainstream school),...
paragraphs 3 and 8 of Schedule 27 to that Act (special education needs: making of statement: parental preference).
section 51 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (duty to favour education for children at mainstream maintained schools).
The powers of the First-tier Tribunal on determining an appeal under section 51(2)(c) of the Children and Families Act 2014 (appeals against certain aspects of content of EHC plan) are subject to subsection (2) above.
The power of... the Special Educational Needs Tribunal for Wales under section 326(3) of the Education Act 1996 (appeal against content of statement) is subject to subsection (2) above. The power of the Education Tribunal for Wales under section 71(1) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (decisions on appeals under section 70) is subject to subsection (2) above.
A person exercising a function under this Act , Part 3 of the Children and Families Act 2014 , Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 or the Education Act 1996 shall (subject to section 37) secure that a child who is a resident of an accommodation centre and who has special educational needs or additional learning needs shall be educated by way of facilities provided under section 29(1)(f) of this Act unless that is incompatible with—
his receiving the special educational provision called for by his special educational needs or which his learning difficulty calls for,
the child receiving the additional learning provision called for by the child’s additional learning needs,
the provision of efficient education for other children who are residents of the centre, or
the efficient use of resources.
A person may rely on subsection (7)(b) only where there is no action—
which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and
as a result of which subsection (7)(b) would not apply.
An accommodation centre is not a school within the meaning of section 4 of the Education Act 1996 (definition); but—
Part 1 of the Education Act 2005 (school inspections) shall apply to educational facilities provided at an accommodation centre as if the centre were a school (for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre),
section 36 of the Children and Families Act 2014 (assessment of education, health and care needs: England) shall have effect as if an accommodation centre were a school,
section 329A of the Education Act 1996 (review or assessment of educational needs at request of responsible body) shall have effect as if—the person responsible for education at an accommodation centre may refer a case to a local authority under section 12(2)(a) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 as though—
an accommodation centre were a relevant school for the purposes of that section,
a child for whom education is provided at an accommodation centre under section 29(1)(f) were a registered pupil at the centre, and
a reference in section 329A to the responsible body in relation to an accommodation centre were a reference to any person providing education at the centre under section 29(1)(f), and
a child for whom education is provided at the centre under section 29(1)(f) were a child who is a registered pupil at a school, and
that person were the governing body of the school.
section 140 of the Learning and Skills Act 2000 (c. 21) (learning difficulties: assessment of post-16 needs) shall have effect as if an accommodation centre were a school.
Subsections (1), (2) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 29(1)(f).
An expression used in this section and in the Education Act 1996 (c. 56) shall have the same meaning in this section as in that Act.
This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the local authority for the area in which the centre is that this section should apply to the child on the grounds that his special circumstances call for provision that can only or best be arranged by the authority.
A local authority may—
arrange for the provision of education for a child to whom this section applies;
disapply a provision of section 36 in respect of a child to whom this section applies.
In determining whether to exercise a power under subsection (2) in respect of a child a local authority shall have regard to any relevant guidance issued by the Secretary of State.
The governing body of a maintained school shall comply with a requirement of the local authority to admit to the school a child to whom this section applies.
Subsection (4) shall not apply where compliance with a requirement would prejudice measures taken for the purpose of complying with a duty arising under section 1(6) of the School Standards and Framework Act 1998 (c. 31) (limit on infant class size).
A local authority may not impose a requirement under subsection (4) in respect of a school unless the authority has consulted the school in accordance with regulations made by the Secretary of State.
In the case of a maintained school for which the local authority are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.
In this section—
“maintained school” means a maintained school within the meaning of section 20(7) of the School Standards and Framework Act 1998 (definition), and
an expression which is also used in the Education Act 1996 (c. 56) shall have the same meaning as it has in that Act.
A local authority may in accordance with arrangements made by the Secretary of State—
assist in arranging for the provision of an accommodation centre;
make premises available for an accommodation centre;
provide services in connection with an accommodation centre.
In particular, a local authority may—
incur reasonable expenditure;
provide services outside its area;
provide services jointly with another body;
form a company;
tender for or enter into a contract;
do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.
In this section “local authority” means—
a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and
a Northern Ireland authority within the meaning of section 110 of that Act and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/ 594 (N.I. 3)).
In this Part “prescribed” means prescribed by the Secretary of State by order or regulations.
An order or regulations under this Part may—
make provision which applies generally or only in specified cases or circumstances (which may be determined wholly or partly by reference to location);
make different provision for different cases or circumstances;
include consequential, transitional or incidental provision.
An order or regulations under this Part must be made by statutory instrument.
An order or regulations under any of the following provisions of this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament—
section 17,
section 19,
section 20,
section 21,
section 26,
section 29,
section 31,
section 32,
section 33,
section 37,
section 40, and
section 41.
The Secretary of State may not make arrangements under section 16 for the provision of premises in Scotland unless he has consulted the Scottish Ministers.
The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Scotland.
An order under subsection (2) may, in particular—
apply, disapply or modify the effect of an enactment (which may include a provision made by or under an Act of the Scottish Parliament);
The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.
The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.
An order under subsection (2) may, in particular—
apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);
The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.
Other Support and Assistance
The Secretary of State may make an order restricting the application of section 96(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker: essential living needs)—
in all circumstances, to cases in which support is being provided under section 96(1)(a) (accommodation), or
in specified circumstances only, to cases in which support is being provided under section 96(1)(a).
An order under subsection (1)(b) may, in particular, make provision by reference to—
location;
the date of an application.
An order under subsection (1) may include transitional provision.
An order under subsection (1)—
must be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows.
In subsection (1) for the definition of “asylum-seeker” substitute—.
In subsection (1) for the definition of “dependant” substitute—.
For subsection (3) substitute—
Omit subsections (5) and (6).
The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)—.
In section 97 of the Immigration and Asylum Act 1999 (c. 33) (support: supplemental)—
in subsection (4) for “essential living needs” there shall be substituted “ food and other essential items ”,
in subsection (5) for “essential living needs” there shall be substituted “ food and other essential items ”, and
in subsection (6) for “living needs” there shall be substituted “ items ”.
Paragraphs 2 and 6 of Schedule 8 to the Immigration and Asylum Act 1999 (support: regulations) shall cease to have effect.
In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (support: interim provision)—
for “Subsections (3) to (8) of section 95” substitute “ Subsections (2) to (6) of section 95 ”, and
for “subsections (5) and (7)” substitute “ subsections (4) and (5) ”.
The following shall be substituted for section 21(1B) of the National Assistance Act 1948 (c. 29) (duty of local authority to provide accommodation: exclusion of destitute asylum-seeker: interpretation)—
The following shall be substituted for section 45(4B) of the Health Services and Public Health Act 1968 (c. 46) (local authority promotion of welfare of elderly: exclusion of destitute asylum-seeker: interpretation)—
The following shall be substituted for paragraph 2(2B) of Schedule 8 to the National Health Service Act 1977 (c. 49) (local authority arrangements for prevention and care: exclusion of asylum-seeker: interpretation)—
The following shall be substituted for section 12(2B) of the Social Work (Scotland) Act 1968 (c. 49)(general social welfare services of local authorities – exclusion of destitute asylum seeker: interpretation)—
The following shall be substituted for section 13A(5) of that Act (provision of residential accommodation with nursing – exclusion of destitute asylum seeker: interpretation)—
The following shall be substituted for section 13B(4) of that Act (provision of care and after-care – exclusion of destitute asylum seeker: interpretation)—
The following shall be substituted for article 14(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (mental health services provided by local authorities)–.
The following shall be substituted for Article 7(3A) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, care and after-care: exclusion of asylum-seeker: interpretation)—
The following shall be substituted for Article 15(7) of that Order (general social welfare: exclusion of destitute asylum-seeker: interpretation)—
The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)—
The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall have effect as if the definition of asylum-seeker in section 94(1) of that Act did not exclude persons who are under 18—
section 110 (local authority expenditure on asylum-seekers), and
section 111 (grants to voluntary organisations).
The following shall be added at the end of section 4 of the Immigration and Asylum Act 1999 (accommodation for person on temporary admission or release)—
The present section 4 of the Immigration and Asylum Act 1999 (c. 33) becomes subsection (1) (and its heading becomes “ Accommodation ”).
The following shall be inserted after section 95(9) of the Immigration and Asylum Act 1999 (support for asylum-seeker: condition)—
The following shall be inserted after paragraph 6 of Schedule 9 to that Act (asylum-seeker: interim support)—
The Secretary of State may refuse to provide support for a person under a provision specified in subsection (2) on the grounds that an offer has been made to the person of support under another provision specified in that subsection.
The provisions are—
section 4 of the Immigration and Asylum Act 1999 (accommodation for person temporarily admitted or released from detention), and
In deciding under which of the provisions listed in subsection (2) to offer support to a person the Secretary of State may—
have regard to administrative or other matters which do not concern the person’s personal circumstances;
regard one of those matters as conclusive;
apply different criteria to different persons for administrative reasons (which may include the importance of testing the operation of a particular provision).
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The following shall be substituted for section 103 of the Immigration and Asylum Act 1999 (asylum support appeal)—
Schedule 3 (which makes provision for support to be withheld or withdrawn in certain circumstances) shall have effect.
The Secretary of State may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (2) if—
the person makes a claim for asylum which is recorded by the Secretary of State, and
the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.
The provisions are—
An authority may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (4) if—
the person has made a claim for asylum, and
the Secretary of State is not satisfied that the claim was made as soon as reasonably practicable after the person’s arrival in the United Kingdom.
The provisions are—
section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (accommodation pending review),
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section 1 of the Localism Act 2011 (local authority’s general power of competence)
This section shall not prevent—
the exercise of a power by the Secretary of State to the extent necessary for the purpose of avoiding a breach of a person’s Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)),
An authority which proposes to provide or arrange for the provision of support to a person under a provision mentioned in subsection (4)—
must inform the Secretary of State if the authority believes that the person has made a claim for asylum,
must act in accordance with any guidance issued by the Secretary of State to determine whether subsection (3) applies, and
shall not be prohibited from providing or arranging for the provision of support if the authority has complied with paragraph (a) and (b) and concluded that subsection (3) does not apply.
The Secretary of State may by order—
add, remove or amend an entry in the list in subsection (4);
provide for subsection (3) not to have effect in specified cases or circumstances.
An order under subsection (7)—
may include transitional, consequential or incidental provision,
must be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
For the purposes of this section “claim for asylum” has the same meaning as in section 18.
A decision of the Secretary of State that this section prevents him from providing or arranging for the provision of support to a person is not a decision that the person does not qualify for support for the purpose of section 103 of the Immigration and Asylum Act 1999 (appeals).
This section does not prevent a person’s compliance with a residence restriction imposed in reliance on section 70 (induction).
Section 99 of the Immigration and Asylum Act 1999 (provision of support by local authority) shall be amended as follows.
In subsection (1)—
after “local authority” insert “ or Northern Ireland authority ”, and
at the end add “ or 98 ”.
For subsections (2) and (3) substitute—
In subsection (4)—
for “A local authority” substitute “ An authority ”, and
at the end add “ or 98 ”.
In subsection (5)—
for “a local authority” substitute “ an authority ”, and
in paragraph (b) for “bodies who are not local authorities” substitute “ other bodies ”.
At the end of paragraph 12(c) of Schedule 8 to the Immigration and Asylum Act 1999 (c. 33) (asylum-seeker support: procedure: disregarding of application) there shall be inserted “ (which may, in particular, provide for an application not to be entertained where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries under paragraph (d)) ”.
A person is a “voluntary leaver” for the purposes of this section if—
he is not a British citizen ...,
he leaves the United Kingdom for a place where he hopes to take up permanent residence (his “new place of residence”), and
the Secretary of State thinks that it is in the person’s interest to leave the United Kingdom and that the person wishes to leave.
The Secretary of State may make arrangements to—
assist voluntary leavers;
assist individuals to decide whether to become voluntary leavers.
The Secretary of State may, in particular, make payments (whether to voluntary leavers or to organisations providing services for them) which relate to—
travelling and other expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, in leaving the United Kingdom;
expenses incurred by or on behalf of a voluntary leaver, or a member of his family or household, on or shortly after arrival in his new place of residence;
the provision of services designed to assist a voluntary leaver, or a member of his family or household, to settle in his new place of residence;
expenses in connection with a journey undertaken by a person (with or without his family or household) to prepare for, or to assess the possibility of, his becoming a voluntary leaver.
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The following provisions of the Immigration Act 1971 (c. 77) shall cease to have effect—
section 29 (contributions to expenses of persons returning abroad), and
section 31(d) (expenses).
The Secretary of State may participate in a project which is designed to—
reduce migration,
assist or ensure the return of migrants,
facilitate co-operation between States in matters relating to migration,
conduct or consider research about migration, or
arrange or assist the settlement of migrants (whether in the United Kingdom or elsewhere).
In particular, the Secretary of State may—
provide financial support to an international organisation which arranges or participates in a project of a kind described in subsection (1);
provide financial support to an organisation in the United Kingdom or another country which arranges or participates in a project of that kind;
provide or arrange for the provision of financial or other assistance to a migrant who participates in a project of that kind;
participate in financial or other arrangements which are agreed between Her Majesty’s Government and the government of one or more other countries and which are or form part of a project of that kind.
In this section—
“migrant” means a person who leaves the country where he lives hoping to settle in another country (whether or not he is a refugee within the meaning of any international Convention), and
“migration” shall be construed accordingly.
Subsection (1) does not—
confer a power to remove a person from the United Kingdom, or
affect a person’s right to enter or remain in the United Kingdom.
In section 110(9) of the Immigration and Asylum Act 1999 (c. 33) (support: payment to local authority: Northern Ireland authority) after paragraph (b) there shall be added—
In section 94(1) of that Act (support: interpretation) after the definition of “local authority” there shall be inserted—
The following provisions of the Immigration and Asylum Act 1999 shall cease to have effect—
section 96(4) to (6)(which relate to a provision about support for asylum-seekers which has been repealed by order), and
section 166(4)(e)(order under section 96(5): procedure).
Detention and Removal
Detention
A person may be detained under the authority of the Secretary of State pending—
a decision by the Secretary of State whether to give directions in respect of the person under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or
removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those provisions.
Where the Secretary of State is empowered under section 3A of the Immigration Act 1971 (powers of Secretary of State) to examine a person or to give or refuse a person leave to enter the United Kingdom, the person may be detained under the authority of the Secretary of State pending—
the person’s examination by the Secretary of State,
the Secretary of State’s decision to give or refuse the person leave to enter,
a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or
removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.
A person liable to be detained under this section may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given.
Subsections (1) and (2) apply regardless of whether there is anything that for the time being prevents the decision from being made, the removal or examination from being carried out, or the directions from being given.
Subsections (2N) and (2O) are subject to—
paragraph 18B of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children), as applied by subsection (3);
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subsection (7A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).
Subsection (2R) applies if, while a person is detained under this section, the Secretary of State no longer considers that the decision will be made, the removal or examination will be carried out, or the directions will be given within a reasonable period of time.
The person may be detained under this section for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.
A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule , other than paragraph 17A, shall apply to a person who is detained or liable to detention under this section: and for that purpose—
a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,
a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,
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a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.
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A power under this section which is exercisable pending a decision of a particular kind by the Secretary of State is exercisable where the Secretary of State has reasonable grounds to suspect that he may make a decision of that kind.
The detention under this section of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.
At the end of section 11(1) of the Immigration Act 1971 (c. 77) (person not deemed to have entered United Kingdom while detained, &c.) there shall be inserted “or section 62 of the Nationality, Immigration and Asylum Act 2002”.
In section 24(1)(e) of the Immigration Act 1971 (offence: failure to comply with restriction) for “or to an immigration officer” there shall be substituted “, to an immigration officer or to the Secretary of State”.
In the Mental Health Act 1983 (c. 20)—
at the end of section 48(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and
in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.
In the Mental Health (Scotland) Act 1984 (c. 36)—
at the end of section 71(2)(c) (detained persons who may be transferred to hospital for mental treatment) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”, and
at the end of section 74(1)(b) (further provision about such persons) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”.
In the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4))—
at the end of Article 54(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and
in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.
Section 53 of the Immigration and Asylum Act 1999 (c. 33) (bail) shall be amended as follows—
at the end of subsection (1) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”, and
at the end of subsection (3)(a) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”.
In section 147 of that Act (detention centres: interpretation) at the end of the definition of “detained persons” there shall be inserted “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State);”.
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In paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: person liable to detention: use of force) for “if need be by force” there shall be substituted “ if need be by reasonable force ”.
The following shall be added after paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (detention for examination or removal: right to enter premises)—
The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (power to confer functions of detainee custody officers on prison officers and prisoner custody officers)—
The following shall be added at the end of Schedule 11 to that Act (detainee custody officers)—
The following shall be added at the end of Schedule 12 to that Act (discipline at detention centre)—
In section 147 of the Immigration and Asylum Act 1999 (c. 33) (Part VIII: interpretation)—
the definition of “detention centre” shall cease to have effect, and
the following shall be inserted after the definition of “prisoner custody officer”—.
In the provisions listed in subsection (3) (and any relevant headings)—
for the words “detention centre” there shall be substituted the words “ removal centre ”, and
for the words “detention centres” there shall be substituted the words “ removal centres ”.
The provisions are—
in section 147 of the Immigration and Asylum Act 1999 (Part VIII: interpretation), the definitions of “contracted out detention centre”, “contractor”, “custodial functions”, “detention centre contract”, “detention centre rules”, and “directly managed detention centre”,
section 148 of that Act (management of centre),
section 151 of that Act (intervention by Secretary of State),
section 152 of that Act (visiting committee),
section 153 of that Act (rules),
section 155 of that Act (custodial functions),
section 157 of that Act (short-term holding facility),
section 158 of that Act (disclosure of information),
section 159 of that Act (power of constable),
Schedule 11 to that Act (detainee custody officer),
Schedule 12 to that Act (procedure at detention centre),
Schedule 13 to that Act (escort),
section 141(5)(e) and (6) of that Act (fingerprinting),
section 5A(5A) of the Prison Act 1952 (c. 52) (Chief Inspector of Prisons), and
paragraph 13 of Schedule 4A to the Water Industry Act 1991 (c. 56) (disconnection).
A reference in an enactment or instrument to a detention centre within the meaning of Part VIII of the Immigration and Asylum Act 1999 (c. 33) shall be construed as a reference to a removal centre within the meaning of that Part.
This section applies to the construction of a provision which—
does not confer power to detain a person, but
refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.
The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that—
he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement,
practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or
practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.
This section shall be treated as always having had effect.
Temporary release
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A residence condition may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if—
it requires him to reside at a specified location for a period not exceeding 14 days, and
the person imposing the residence condition believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.
In subsection (1) “residence condition” means a condition imposed under Schedule 10 to the Immigration Act 2016.
In this section—“asylum-seeker” has the meaning given by section 18 of this Act but disregarding section 18(1)(a),“dependant of an asylum-seeker” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of an asylum-seeker, and“programme of induction” means education about the nature of the asylum process.
Regulations under subsection (3)—
may make different provision for different circumstances,
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (6) applies where the Secretary of State arranges for the provision of a programme of induction (whether or not he also provides other facilities to persons attending the programme and whether or not all the persons attending the programme are subject to residence conditions).
A local authority may arrange for or participate in the provision of the programme or other facilities.
In particular, a local authority may—
incur reasonable expenditure;
provide services outside its area;
provide services jointly with another body;
form a company;
tender for or enter into a contract;
do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.
In this section “local authority” means—
a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and
a Northern Ireland authority within the meaning of section 110 of that Act.
This section applies to—
a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and
a dependant of a person within paragraph (a).
The Secretary of State or an immigration officer may impose on a person to whom this section applies any condition which may be imposed under Schedule 10 to the Immigration Act 2016 on a person liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971.
Where a condition is imposed on a person under subsection (2)—
the condition shall be treated for all purposes as a condition imposed under Schedule 10 to the Immigration Act 2016, and
if the person fails to comply with the condition he shall be liable to detention under paragraph 16 of Schedule 2 to the Immigration Act 1971.
A condition imposed on a person under this section shall cease to have effect if he ceases to be an asylum-seeker or the dependant of an asylum-seeker.
In this section—“asylum-seeker” has the same meaning as in section 70,“claim for asylum” has the same meaning as in section 18, and“dependant” means a person who appears to the Secretary of State to be making a claim or application in respect of residence in the United Kingdom by virtue of being a dependant of another person.
Regulations under subsection (5)—
may make different provision for different circumstances,
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Removal
This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from prohibition of expulsion or return).
A person is convicted by a final judgment of a particularly serious crime ... if he is—
convicted in the United Kingdom of an offence, and
sentenced to a period of imprisonment of at least 12 months.
A person is convicted by a final judgment of a particularly serious crime ... if—
he is convicted outside the United Kingdom of an offence,
he is sentenced to a period of imprisonment of at least 12 months, and
he could have been sentenced to a period of imprisonment of at least 12 months had his conviction been a conviction in the United Kingdom of a similar offence.
A person is convicted by a final judgment of a particularly serious crime ... if—
he is convicted of an offence specified by order of the Secretary of State, or
he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).
An order under subsection (4)—
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and
the person is not, by virtue of the conviction, a person falling within subsection (2).
A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—
the person is convicted outside the United Kingdom of an offence,
the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and
the person is not, by virtue of the conviction, a person falling within subsection (3).
A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.
A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.
A presumption under subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B) that a person constitutes a danger to the community is rebuttable by that person.
A presumption under subsection (5ZA), (5ZB), (5A) or (5B) does not apply while an appeal against conviction or sentence—
is pending, or
could be brought (disregarding the possibility of appeal out of time with leave).
Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption under subsection (5A) or (5B) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.
Subsection (10) applies where—
the Secretary of State issues a certificate that a presumption under subsection(5ZA), (5ZB), (5A) or (5B) applies to the person (subject to rebuttal).
The . . . Tribunal or Commission hearing the appeal—
must begin substantive deliberation on the appeal by considering the certificate, and
if in agreement that a presumption under subsection(5ZA), (5ZB), (5A) or (5B) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).
Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
For the purposes of this section—
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
a reference to a person who is sentenced to a period of imprisonment of at least 12 months —
does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect),
does not include a reference to a person who is sentenced to a period of imprisonment of at least 12 months only by virtue of being sentenced to consecutive sentences which amount in aggregate to more than 12 months,
includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and
includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for 12 months).
The following shall be inserted after paragraph 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal)—
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In paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: detention) for the words “8 to 10” there shall be substituted “ 8 to 10A ”.
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Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows.
Subsection (1)(a) (which is redundant) shall cease to have effect.
The following shall be substituted for subsection (1)(b)—.
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The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person—
is liable to deportation, but
cannot be deported for legal reasons.
The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if—
the leave was obtained by deception,
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The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person, or someone of whom he is a dependant, ceases to be a refugee as a result of—
voluntarily availing himself of the protection of his country of nationality,
voluntarily re-acquiring a lost nationality,
acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or
voluntarily establishing himself in a country in respect of which he was a refugee.
In this section—“indefinite leave” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),“liable to deportation” has the meaning given by section 3(5) and (6) of that Act (deportation),“refugee” has the meaning given by the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and...
A power under subsection (1) or (2) to revoke leave may be exercised—
in respect of leave granted before this section comes into force;
in reliance on anything done before this section comes into force.
A power under subsection (3) to revoke leave may be exercised—
in respect of leave granted before this section comes into force, but
only in reliance on action taken after this section comes into force.
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While a person’s claim for asylum is pending he may not be—
removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
In this section—
“claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and
a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.
This section does not prevent a person being removed to, or being required to leave to go to, a State falling within subsection (2B).
A State falls within this subsection if—
it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,
it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,
it is a place—
to which a person can be removed without their Convention rights under Article 3 (no torture or inhuman or degrading treatment or punishment) being contravened, and
from which a person will not be sent to another State in contravention of the person’s Convention rights, and
the person is not a national or citizen of the State.
For the purposes of this section—
any State to which Part 2 or 3 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 for the time being applies—
is to be presumed to be a State falling within subsection (2B)(a) and (b), and
is, unless the contrary is shown by a person to be the case in their particular circumstances, to be presumed to be a State falling within subsection (2B)(c)(i) and (ii);
any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);
a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it;
“State” includes any territory outside of the United Kingdom.
In this section, “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 (whether or not in relation to a State that is a party to the Convention); and “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
Nothing in this section shall prevent any of the following while a claim for asylum is pending—
the giving of a direction for the claimant’s removal from the United Kingdom,
the making of a deportation order in respect of the claimant, or
the taking of any other interim or preparatory action.
Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.
While a person’s appeal under section 82(1) is pending he may not be—
removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
In this section “pending” has the meaning given by section 104.
Nothing in this section shall prevent any of the following while an appeal is pending—
the giving of a direction for the appellant’s removal from the United Kingdom,
the making of a deportation order in respect of the appellant (subject to section 79), or
the taking of any other interim or preparatory action.
This section applies only to an appeal brought while the appellant is in the United Kingdom in accordance with section 92.
This section applies in a case where—
a child is to be removed from or required to leave the United Kingdom, and
an individual who—is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).
is a parent of the child or has care of the child, and
is living in a household in the United Kingdom with the child,
During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—
the child may not be removed from or required to leave the United Kingdom; and
a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.
The relevant appeal rights are exhausted at the time when—
neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and
no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.
Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—
the giving of a direction for the removal of a person from the United Kingdom,
the making of a deportation order in respect of a person, or
the taking of any other interim or preparatory action.
In this section—“child” means a person who is aged under 18; references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.
A deportation order may not be made in respect of a person while an appeal under section 82(1) that may be brought or continued from within the United Kingdom relating to the decision to make the order—
could be brought (ignoring any possibility of an appeal out of time with permission), or
is pending.
In this section “pending” has the meaning given by section 104.
This section does not apply to a deportation order which states that it is made in accordance with section 32(5) of the UK Borders Act 2007.
But a deportation order made in reliance on subsection (3) does not invalidate leave to enter or remain, in accordance with section 5(1) of the Immigration Act 1971, if and for so long as section 78 above applies.
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Inadmissible asylum and Human Rights claims
The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a member State State listed in section 80AA(1) inadmissible.
An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.
For the purposes of subsection(4) exceptional circumstances include where the member State of which the claimant is a national—
in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;
in a case where the claimant is a national of a member State, where that State is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—
the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,
the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or
the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.
In this section and section 80AA—“asylum claim”,“human rights claim”,“the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;“immigration rules” means rules under section 3(2) of the Immigration Act 1971;“national” includes citizen;“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.
The States are—
Albania,
Austria,
Belgium,
Bulgaria,
Republic of Croatia,
Republic of Cyprus,
Czech Republic,
Denmark,
Estonia,
Finland,
France,
Georgia,
Germany,
Greece,
Hungary,
Iceland,
India,
Republic of Ireland,
Italy,
Latvia,
Principality of Liechtenstein,
Lithuania,
Luxembourg,
Malta,
Netherlands,
Norway,
Poland,
Portugal,
Romania,
Slovak Republic,
Slovenia,
Spain,
Sweden,
Switzerland.
The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.
The Secretary of State may add a State to the list only if satisfied that—
there is in general in that State no serious risk of persecution of nationals of that State, and
removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.
In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—
must have regard to all the circumstances of the State (including its laws and how they are applied), and
must have regard to information from any appropriate source (including member States and international organisations).
Regulations under this section—
must be made by statutory instrument;
may include transitional or saving provision.
A statutory instrument containing—may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
regulations which add a State to the list in subsection (1), or
regulations which both add a State to, and remove a State from, that list,
A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.
Subject to subsection(7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.
A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.
For the purposes of this section, a State is a “safe third State” in relation to a claimant if—
the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,
the State is one from which a person will not be sent to another State—
otherwise than in accordance with the Refugee Convention, or
in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and
a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.
For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.
The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.
An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—
if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or
in such other cases as may be provided for in the immigration rules.
In this section and section 80C—
“asylum claim”, “Human Rights Convention”, “immigration rules” and “the Refugee Convention” have the same meanings as in section 80A;
a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it.
Condition 1 is that the claimant—
has been recognised as a refugee in the safe third State, and
remains able to access protection in accordance with the Refugee Convention in that State.
Condition 2 is that the claimant—
has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—
otherwise than in accordance with the Refugee Convention, or
in contravention of their rights under Article 3 of the Human Rights Convention, and
remains able to access that protection in that State.
Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—
has not yet been determined, or
has been refused.
Condition 4 is that—
the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,
it would have been reasonable to expect them to make such a claim, and
they failed to do so.
Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).
For the purposes of this section, a “relevant claim” to a safe third State is a claim—
to be recognised as a refugee in the State for the purposes of the Refugee Convention, or
for protection in the State of the kind mentioned in subsection (2)(a).
For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection(8) of that section.
Appeals in respect of Protection and Human Rights Claims
Appeal to Tribunal
In this Part “the Tribunal” means the First-tier Tribunal.
A person (“P”) may appeal to the Tribunal where—
the Secretary of State has decided to refuse a protection claim made by P,
the Secretary of State has decided to refuse a human rights claim made by P, or
the Secretary of State has decided to revoke P's protection status.
For the purposes of this Part—
a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—
would breach the United Kingdom's obligations under the Refugee Convention, or
would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
P's protection claim is refused if the Secretary of State makes one or more of the following decisions—
that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;
that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;
“humanitarian protection” is to be construed in accordance with the immigration rules;
“refugee” has the same meaning as in the Refugee Convention.
The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.
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An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds—
that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention;
that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;
that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds—
that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention;
that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
An appeal under section 82(1) against a decision shall be treated by the Tribunal as including an appeal against any decision in respect of which the appellant has a right of appeal under section 82(1).
Subsection (2) applies to a statement made under section 120 whether the statement was made before or after the appeal was commenced.
On an appeal under section 82(1) ... against a decision the Tribunal may consider ... any matter which it thinks relevant to the substance of the decision, including ... a matter arising after the date of the decision.
But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.
A matter is a “new matter” if—
it constitutes a ground of appeal of a kind listed in section 84, and
the Secretary of State has not previously considered the matter in the context of—
the decision mentioned in section 82(1), or
a statement made by the appellant under section 120.
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This section applies on an appeal under section 82(1) ...
The Tribunal must determine—
any matter raised as a ground of appeal ..., and
any matter which section 85 requires it to consider.
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The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).
A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—
is not detained (whether under any provision of the Immigration Acts or otherwise),
has been convicted of an offence (whether in or outside the United Kingdom), and
is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).
The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.
But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.
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Exceptions and limitations
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This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.
In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—Otherwise, the appeal must be brought from within the United Kingdom.
the claim to which the appeal relates has been certified under section 94(7) (removal to a safe country),...
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In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—Otherwise, the appeal must be brought from within the United Kingdom.
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In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.
In the case of an appeal under section 82(1)(c) (revocation of protection status)—
the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;
the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.
Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.
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The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.
If the Secretary of State is satisfied that a claimant is entitled to reside in a State listed in subsection (4) he shall certify the claim under subsection (1) unless satisfied that it is not clearly unfounded.
A person may not bring an appeal under section 82 against a decision if the claim to which the decision relates has been certified under subsection (1).
The States are—
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the Republic of Albania,
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Jamaica,
Macedonia,
the Republic of Moldova, and
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Bolivia,
Brazil,
Ecuador,
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South Africa, and
Ukraine.
India.
Mongolia,
Ghana (in respect of men),
Nigeria (in respect of men).
Bosnia-Herzegovina,
Gambia (in respect of men),
Kenya (in respect of men),
Liberia (in respect of men),
Malawi (in respect of men),
Mali (in respect of men),
Mauritius,
Montenegro,
Peru,
Serbia,
Sierra Leone (in respect of men).
Kosovo,
South Korea.
The Secretary of State may by order add a State, or part of a State, to the list in subsection (4) if satisfied that—
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
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.
If the Secretary of State is satisfied that the statements in subsection (5) (a) and (b) are true of a State or part of a State in relation to a description of person, an order under subsection (5) may add the State or part to the list in subsection (4) in respect of that description of person.
Where a State or part of a State is added to the list in subsection (4) in respect of a description of person, subsection (3) shall have effect in relation to a claimant only if the Secretary of State is satisfied that he is within that description (as well as being satisfied that he is entitled to reside in the State or part).
A description for the purposes of subsection (5A) may refer to—
gender,
language,
race,
religion,
nationality,
membership of a social or other group,
political opinion, or
any other attribute or circumstance that the Secretary of State thinks appropriate.
In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –
shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and
shall have regard to information from any appropriate source (including... member States and international organisations).
The Secretary of State may by order amend the list in subsection (4) so as to omit a State or part added under subsection (5); and the omission may be—
general, or
effected so that the State or part remains listed in respect of a description of person.
Subsection (3) shall not apply in relation to a claimant who—
is in custody pursuant to arrest under section 5 of that Act,
is the subject of a provisional warrant under section 73 of that Act,
is the subject of a certificate under section 74B of that Act,
is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or
The Secretary of State may certify a protection claim or human rights claim made by a person if —
it is proposed to remove the person to a country of which he is not a national or citizen, and
there is no reason to believe that the person’s rights under the Human Rights Convention will be breached in that country.
In determining whether a person in relation to whom a certificate has been issued under subsection (7) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—
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
a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.
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This section applies where a human rights claim has been made by a person (“P”)...
The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom, pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom.
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A person may not bring an appeal under section 82 against a decision (“the new decision”) if the Secretary of State or an immigration officer certifies—
that the person was notified of a right of appeal under that section against another... decision (“the old decision”) (whether or not an appeal was brought and whether or not any appeal brought has been determined),
that the claim or application to which the new decision relates relies on a ground that could have been raised in an appeal against the old decision, and
that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground not having been raised in an appeal against the old decision.
A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—
that the person has received a notice under section 120(2),
In subsection (1) “notified” means notified in accordance with regulations under section 105.
Subsections (1) and (2) apply to prevent a person’s right of appeal whether or not he has been outside the United Kingdom since an earlier right of appeal arose or since a requirement under section 120 was imposed.
A certificate under subsection (1) or (2) shall have no effect in relation to an appeal instituted before the certificate is issued.
An appeal under section 82(1) ... against a decision in respect of a person may not be brought or continued if the Secretary of State certifies that the decision is or was taken—
by the Secretary of State wholly or partly on a ground listed in subsection (2), or
in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in subsection (2).
The grounds mentioned in subsection (1) are that the person’s exclusion or removal from the United Kingdom is—
in the interests of national security, or
in the interests of the relationship between the United Kingdom and another country.
An appeal under section 82(1) ... against a decision may not be brought or continued if the Secretary of State certifies that the decision is or was taken wholly or partly in reliance on information which in his opinion should not be made public—
in the interests of national security,
in the interests of the relationship between the United Kingdom and another country, or
otherwise in the public interest.
In subsections (1)(a) and (b) and (3) a reference to the Secretary of State is to the Secretary of State acting in person.
This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.
This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.
Where this section applies—
section 79 shall not apply,
the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and
The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—unless the person has made a human rights claim while in the United Kingdom.
against the decision to make the deportation order, or
against any refusal to revoke the deportation order,
Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).
to the country or territory to which the person is proposed to be removed, and
despite the appeals process not having been begun or not having been exhausted,
The grounds upon which a certificate may be given under subsection (2B) include (in particular)—
that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;
that the whole or part of any human rights claim made by the person is clearly unfounded.
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If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.
If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.
The Commission's determination of a review under subsection (2F) is final.
The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.
Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.
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The Secretary of State may repeal this section by order.
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This section applies where a certificate is issued under section ... 97 ... in respect of a pending appeal.
The appeal shall lapse.
Appeal from adjudicator
There shall continue to be an Immigration Appeal Tribunal.
Schedule 5 (which makes provision about the Tribunal) shall have effect.
A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court or, in Scotland, to the Court of Session for a review of the Tribunal’s decision on the ground that the Tribunal made an error of law.
Where an application is made under subsection (2)—
it shall be determined by a single judge by reference only to written submissions,
the judge may affirm or reverse the Tribunal’s decision,
the judge’s decision shall be final, and
if, in an application to the High Court, the judge thinks the application had no merit he shall issue a certificate under this paragraph (which shall be dealt with in accordance with Civil Procedure Rules).
The Lord Chancellor may by order repeal subsections (2) and (3).
On an appeal under section 101 the Immigration Appeal Tribunal may—
affirm the adjudicator’s decision;
make any decision which the adjudicator could have made;
remit the appeal to an adjudicator;
affirm a direction given by the adjudicator under section 87;
vary a direction given by the adjudicator under that section;
give any direction which the adjudicator could have given under that section.
In reaching their decision on an appeal under section 101 the Tribunal may consider evidence about any matter which they think relevant to the adjudicator’s decision, including evidence which concerns a matter arising after the adjudicator’s decision.
But where the appeal under section 82 was against refusal of entry clearance or refusal of a certificate of entitlement—
subsection (2) shall not apply, and
the Tribunal may consider only the circumstances appertaining at the time of the decision to refuse.
In remitting an appeal to an adjudicator under subsection (1)(c) the Tribunal may, in particular—
require the adjudicator to determine the appeal in accordance with directions of the Tribunal;
require the adjudicator to take additional evidence with a view to the appeal being determined by the Tribunal.
Where the Immigration Appeal Tribunal determines an appeal under section 101 a party to the appeal may bring a further appeal on a point of law—
where the original decision of the adjudicator was made in Scotland, to the Court of Session, or
in any other case, to the Court of Appeal.
An appeal under this section may be brought only with the permission of—
the Tribunal, or
if the Tribunal refuses permission, the court referred to in subsection (1)(a) or (b).
The remittal of an appeal to an adjudicator under section 102(1)(c) is not a determination of the appeal for the purposes of subsection (1) above.
Procedure
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An appeal under section 82(1) is pending during the period—
beginning when it is instituted, and
ending when it is finally determined, withdrawn or abandoned (or when it lapses under section 99).
An appeal under section 82(1) is not finally determined for the purpose of subsection (1)(b) while—
permission to appeal under either of those sections has been granted and the appeal is awaiting determination, or
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An appeal under section 82(1) brought by a person while he is in the United Kingdom shall be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom (subject to subsection (4B)).
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gives notice, in accordance with Tribunal Procedure Rules, that he wishes to pursue the appeal in so far as it is brought on that ground.
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The Secretary of State may make regulations requiring a person to be given written notice where an appealable decision is taken in respect of him.
The regulations may, in particular, provide that a notice under subsection (1) of an appealable decision must state—
that there is a right of appeal under section 82, and
how and when that right may be exercised.
The regulations may make provision (which may include presumptions) about service.
In this section “appealable decision” means a decision mentioned in section 82(1).
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In the case of an appeal under section 82......, Tribunal Procedure Rules may enable the Tribunal to certify that the appeal had no merit (and shall make provision for the consequences of the issue of a certificate).
A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed in accordance with Tribunal Procedure Rules in connection with proceedings under section 82...... to attend before . . . the Tribunal—
to give evidence, or
to produce a document.
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.
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may require the Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter; and
may require the Upper Tribunal to treat a specified decision of the Tribunal or Upper Tribunal as authoritative in respect of a particular matter.
In subsection (3) the reference to a decision of the Tribunal includes—
a decision of the Asylum and Immigration Tribunal, and
a decision of the Immigration Appeal Tribunal.
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This section applies where it is alleged—
that a document relied on by a party to an appeal under section 82 ... is a forgery, and
that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.
The Tribunal—
must investigate the allegation in private, and
may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (1)(b).
General
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The Secretary of State may make a grant to a voluntary organisation which provides—
advice or assistance to persons who have a right of appeal under this Part;
other services for the welfare of those persons.
A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).
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Regulations under this Part shall be made by the Secretary of State.
Regulations ... under this Part ...—
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations ... under this Part—
may make provision which applies generally or only in a specified case or in specified circumstances,
may make different provision for different cases or circumstances,
may include consequential, transitional or incidental provision, and
may include savings.
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An order under section 94(5) ...—
must be made by statutory instrument,
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and
may include transitional provision.
An order under section 94(6) or (6B) ...—
must be made by statutory instrument,
shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
may include transitional provision.
subsection (4)(b) above shall apply, and
subsection (5)(b) above shall not apply.
An order under section 97A(4)—
must be made by statutory instrument,
shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
may include transitional provision.
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In this Part, unless a contrary intention appears—“asylum claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention,...“human rights claim” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention) ...,“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 and “Convention rights” shall be construed in accordance with section 1 of that Act,“humanitarian protection” has the meaning given in section 82(2);...“immigration rules” means rules under section 1(4) of the Immigration Act 1971 (general immigration rules),...“protection claim” has the meaning given in section 82(2)“protection status” has the meaning given in section 82(2)“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol,......
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Part IV of the Immigration and Asylum Act 1999 (c. 33) (appeals) shall cease to have effect.
Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of that Act and its replacement by this Part) shall have effect.
Schedule 7 (consequential amendments) shall have effect.
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In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (proceedings for which legal aid may be given under Part II of that Order) the following shall be inserted after paragraph 6—
The amendment made by subsection (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that subsection.
Article 8 of the ECHR: public interest considerations
This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—
breaches a person's right to respect for private and family life under Article 8, and
as a result would be unlawful under section 6 of the Human Rights Act 1998.
In considering the public interest question, the court or tribunal must (in particular) have regard—
in all cases, to the considerations listed in section 117B, and
in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.
In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).
The maintenance of effective immigration controls is in the public interest.
It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—
are less of a burden on taxpayers, and
are better able to integrate into society.
It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—
are not a burden on taxpayers, and
are better able to integrate into society.
Little weight should be given to—that is established by a person at a time when the person is in the United Kingdom unlawfully.
a private life, or
a relationship formed with a qualifying partner,
Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.
In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—
the person has a genuine and subsisting parental relationship with a qualifying child, and
it would not be reasonable to expect the child to leave the United Kingdom.
The deportation of foreign criminals is in the public interest.
The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.
In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.
Exception 1 applies where—
C has been lawfully resident in the United Kingdom for most of C's life,
C is socially and culturally integrated in the United Kingdom, and
there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.
Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.
In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.
The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.
In this Part—“Article 8” means Article 8 of the European Convention on Human Rights;“qualifying child” means a person who is under the age of 18 and who—is a British citizen, or has lived in the United Kingdom for a continuous period of seven years or more;“qualifying partner” means a partner who—is a British citizen, or who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).
In this Part, “foreign criminal” means a person—
who is not a British citizen,
who has been convicted in the United Kingdom of an offence, and
who—
has been sentenced to a period of imprisonment of at least 12 months,
has been convicted of an offence that has caused serious harm, or
is a persistent offender.
For the purposes of subsection (2)(b), a person subject to an order under—has not been convicted of an offence.
section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),
section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or
Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),
In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—
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do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;
include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and
include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.
If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.
Immigration Procedure
Applications
The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on application for variation)—
In paragraph 6(3) of Schedule 2 to the Immigration Act 1971 (c. 77) (deemed leave on cancellation of notice of refusal) after “and the immigration officer does not at the same time give him indefinite or limited leave to enter” there shall be inserted “ or require him to submit to further examination ”.
Subsection (2) applies to a person (“P”) if—
P has made a protection claim or a human rights claim,
P has made an application to enter or remain in the United Kingdom, or
a decision to deport or remove P has been or may be taken.
The Secretary of State or an immigration officer may serve a notice on P requiring P to provide a statement setting out—
P's reasons for wishing to enter or remain in the United Kingdom,
any grounds on which P should be permitted to enter or remain in the United Kingdom, and
any grounds on which P should not be removed from or required to leave the United Kingdom.
A statement under subsection (2) need not repeat reasons or grounds set out in—
P's protection or human rights claim,
the application mentioned in subsection (1)(b), or
an application to which the decision mentioned in subsection (1)(c) relates.
Subsection (5) applies to a person (“P”) if P has previously been served with a notice under subsection (2) and—
P requires leave to enter or remain in the United Kingdom but does not have it, or
P has leave to enter or remain in the United Kingdom only by virtue of section 3C... of the Immigration Act 1971 (continuation of leave pending decision or appeal).
Where P's circumstances have changed since the Secretary of State or an immigration officer was last made aware of them (whether in the application or claim mentioned in subsection (1) or in a statement under subsection (2) or this subsection) so that P has—P must, as soon as reasonably practicable, provide a supplementary statement to the Secretary of State or an immigration officer setting out the new circumstances and the additional reasons or grounds.
additional reasons for wishing to enter or remain in the United Kingdom,
additional grounds on which P should be permitted to enter or remain in the United Kingdom, or
additional grounds on which P should not be removed from or required to leave the United Kingdom,
In this section—“human rights claim” and “protection claim” have the same meanings as in Part 5; references to “grounds” are to grounds on which an appeal under Part 5 may be brought (see section 84).
The following shall be inserted after section 31A(3) of the Immigration Act 1971 (procedural requirements for application)—
Work permit
The Secretary of State may by regulations require an application for an immigration employment document to be accompanied by a fee prescribed in the regulations.
In subsection (1) “immigration employment document” means—
a work permit, and
any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.
Regulations under subsection (1)—
may make provision which applies generally or only in specified cases or circumstances (or except in specified cases or circumstances), and
may make different provision for different cases or circumstances.
In particular, regulations by virtue of subsection (3)(a) which create an exception may make provision by reference to an arrangement with the Secretary of State under which a payment is made in respect of—
a specified number or class of applications, or
a specified period of time.
Regulations under subsection (1)—
must be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—“immigration rules” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation), and“work permit” has the meaning given by that section.
Section 82 of the Immigration and Asylum Act 1999 (c. 33) (immigration advice and services: interpretation) shall be amended as follows.
In the definition of “relevant matters” in subsection (1), after paragraph (b) there shall be inserted—.
At the end of the section add—
Authority-to-carry scheme
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Evasion of procedure
Schedule 8 (which amends Part II of the Immigration and Asylum Act 1999 (carriers’ liability)) shall have effect.
Provision of information by traveller
The Secretary of State may by regulations—
require an immigration application to be accompanied by specified biometric information;
enable an authorised person to require an individual who makes an immigration application to provide biometric information;
enable an authorised person to require an entrant to provide biometric information.
In subsection (1) “immigration application” means an application for—
an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations)),
entry clearance,
leave to enter or remain in the United Kingdom, ...
variation of leave to enter or remain in the United Kingdom; or
a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999),...
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Regulations under subsection (1) may not—
impose a requirement in respect of a person to whom section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) applies, during the relevant period within the meaning of that section, or
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.
Regulations under subsection (1) may, in particular—
require, or enable an authorised person to require, the provision of biometric information in a specified form;
require an individual to submit, or enable an authorised person to require an individual to submit, to a specified process by means of which biometric information is obtained or recorded;
make provision about the effect of failure to provide biometric 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);
confer a function (which may include the exercise of a discretion) on an authorised person;
require an authorised person to have regard to a code (with or without modification);
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 Secretary of State;
provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;
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make provision which applies generally or only in specified cases or circumstances;
make different provision for different cases or circumstances.
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Regulations under subsection (1)—
must be made by statutory instrument, and
shall not be made unless a draft of the regulations has been laid before and approved by resolution of each House of Parliament.
Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.
In this section—“authorised person” has the meaning given by section 141(5) of the Immigration and Asylum Act 1999 (authority to take fingerprints),“biometric information” has the meaning given by section 15 of the UK Borders Act 2007,“code” has the meaning given by section 145(6) of that Act (code of practice),“document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),“entrant” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),“entry clearance” has the meaning given by section 33(1) of that Act,...
The Secretary of State may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, biometric information to be used (wholly or partly) in connection with entry to the United Kingdom.
In particular, the Secretary of State may—
require an authorised person to use biometric information supplied under a scheme;
make provision about the collection, use and retention of biometric information supplied under a scheme (which may include provision requiring an authorised person to have regard to a code);
charge for participation in a scheme.
In this section the following expressions have the same meaning as in section 126—
“authorised person”,
biometric information”, and
“code”, ...
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The following shall be added at the end of section 144 of the Immigration and Asylum Act 1999 (c. 33) (collection of data about external physical characteristics) (which becomes subsection (1))—
The following shall be inserted after section 145(2) of that Act (codes of practice)—
Disclosure of information by public authority
The Secretary of State may require a local authority to supply information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that—
the person has committed an offence under section 24(A1), (B1), (C1), (D1), (E1), (E1A) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.), and
the person is or has been resident in the local authority’s area.
A local authority shall comply with a requirement under this section.
In the application of this section to England and Wales “local authority” means—
a county council,
a county borough council,
a district council,
a London borough council,
the Common Council of the City of London, and
the Council of the Isles of Scilly.
In the application of this section to Scotland “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).
In the application of this section to Northern Ireland—
a reference to a local authority shall be taken as a reference to the Northern Ireland Housing Executive, and
the reference to a local authority’s area shall be taken as a reference to Northern Ireland.
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Information may be supplied under section 20 of the Immigration and Asylum Act 1999 (c. 33) (supply of information to Secretary of State) for use for the purpose of —
determining whether an applicant for naturalisation under the British Nationality Act 1981 is of good character;
determining whether, for the purposes of an application referred to in section 41A of the British Nationality Act 1981, the person for whose registration the application is made is of good character;
determining whether, for the purposes of an application under section 1 of the Hong Kong (War Wives and Widows) Act 1996, the woman for whose registration the application is made is of good character;
determining whether, for the purposes of an application under section 1 of the British Nationality (Hong Kong) Act 1997 for the registration of an adult or young person within the meaning of subsection (5A) of that section, the person is of good character;
determining whether to make an order in respect of a person under section 40 of the British Nationality Act 1981.
Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) shall be amended as follows.
After subsection (1) insert—
In subsection (2) after “information” insert “ , document or article ”.
After subsection (2) insert—
In subsection (6) after “information” insert “ , documents or articles ”.
This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—
a medical inspector appointed under paragraph 1(2) of that Schedule, or
a person working under the direction of a medical inspector appointed under that paragraph.
A medical inspector may disclose to a health service body—
the name of a person to whom this section applies,
his place of residence in the United Kingdom,
his age,
the language which he speaks,
the nature of any disease with which the inspector thinks the person may be infected,
relevant details of the person’s medical history,
the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and
the inspector’s opinion about action which the health service body should take.
A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—
preventative medicine,
medical diagnosis,
the provision of care or treatment, or
the management of health care services.
For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—
in relation to England—
the Secretary of State,
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NHS England,
an integrated care board established under section 14Z25 of the National Health Service Act 2006,
an NHS foundation trust,
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in relation to Wales—
a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006, or
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in relation to Scotland—
the Secretary of State,
a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), . . .
the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or
Healthcare Improvement Scotland established under section 10A of the 1978 Act, or
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in relation to Northern Ireland—
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a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), . . .
the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or
the Department of Health, Social Services and Public Safety . . .
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Disclosure of information by private person
The Secretary of State may require an employer to supply information about an employee whom the Secretary of State reasonably suspects of having committed an offence under—
section 24(A1), (B1), (C1), (D1), (E1), (E1A) or (1)(b), (c) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration Act 1971 (c. 77) (illegal entry, deception, &c.),
section 106(1)(a), (b) or (c) of that Act (support for asylum-seeker: fraud).
The power under subsection (1) may be exercised to require information about an employee only if the information—
is required for the purpose of establishing where the employee is, or
relates to the employee’s earnings or to the history of his employment.
In this section a reference to an employer or employee—
includes a reference to a former employer or employee, and
shall be construed in accordance with section 8(8) of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment).
Where—this section shall apply as if the employment agency were the worker’s employer while he provides services to the client.
a business (the “employment agency”) arranges for one person (the “worker”) to provide services to another (the “client”), and
the worker is not employed by the employment agency or the client,
The Secretary of State may require a financial institution to supply information about a person if the Secretary of State reasonably suspects that—
the information is relevant to the offence, and
the institution has the information.
In this section “financial institution” means—
a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, and
a building society (within the meaning given by the Building Societies Act 1986 (c. 53)).
the information,
the manner in which it is to be provided, and
the period of time within which it is to be provided.
A period of time specified in a notice under subsection (1)(c)—
must begin with the date of receipt of the notice, and
must not be less than ten working days.
A person on whom a notice is served under subsection (1) must provide the Secretary of State with the information specified in the notice.
Information provided under subsection (3) must be provided—
in the manner specified under subsection (1)(b), and
within the time specified under subsection (1)(c).
In this section “working day” means a day which is not—
Saturday,
Sunday,
Christmas Day,
Good Friday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
A person commits an offence if without reasonable excuse he fails to comply with section 136(3).
A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to—
imprisonment for a term not exceeding three months,
a fine not exceeding level 5 on the standard scale, or
both.
Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence—
was committed with the consent or connivance of an officer of the body, or
was attributable to neglect on the part of an officer of the body.
The officer, as well as the body, shall be guilty of the offence.
In this section a reference to an officer of a body corporate includes a reference to—
a director, manager or secretary,
a person purporting to act as a director, manager or secretary, and
if the affairs of the body are managed by its members, a member.
Where an offence under section 137 is committed by a partnership (other than a limited partnership), each partner shall be guilty of the offence.
Subsection (1) shall have effect in relation to a limited partnership as if—
a reference to a body corporate were a reference to a limited partnership, and
a reference to an officer of the body were a reference to a partner.
This section shall not apply to proceedings for an offence under section 137.
Immigration services
The following shall be inserted after paragraph 7(1) of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) (investigation by Commissioner: power of entry)—
The following shall be inserted after paragraph 3 of Schedule 6 to the Immigration and Asylum Act 1999 (c. 33) (registration by Commissioner)—
The following shall be inserted after section 87(3)(e) of the Immigration and Asylum Act 1999 (Immigration Services Tribunal: jurisdiction) (before the word “or”)—.
Immigration control
The Secretary of State may by order make provision for the purpose of giving effect to an international agreement which concerns immigration control at a United Kingdom port or an EEA port (whether or not it also concerns other aspects of frontier control at the port).
An order under this section may make any provision which appears to the Secretary of State—
likely to facilitate implementation of the international agreement (including those aspects of the agreement which relate to frontier control other than immigration control), or
appropriate as a consequence of provision made for the purpose of facilitating implementation of the agreement.
In particular, an order under this section may—
provide for a law of England and Wales to have effect, with or without modification, in relation to a person in a specified area or anything done in a specified area;
provide for a law of England and Wales not to have effect in relation to a person in a specified area or anything done in a specified area;
provide for a law of England and Wales to be modified in its effect in relation to a person in a specified area or anything done in a specified area;
disapply or modify an enactment in relation to a person who has undergone a process in a specified area;
disapply or modify an enactment otherwise than under paragraph (b), (c) or (d);
make provision conferring a function (which may include—
provision conferring a discretionary function;
provision conferring a function on a servant or agent of the government of a State other than the United Kingdom);
create or extend the application of an offence;
impose or permit the imposition of a penalty;
require the payment of, or enable a person to require the payment of, a charge or fee;
make provision about enforcement (which may include—
provision conferring a power of arrest, detention or removal from or to any place;
provision for the purpose of enforcing the law of a State other than the United Kingdom);
confer jurisdiction on a court or tribunal;
confer immunity or provide for indemnity;
make provision about compensation;
impose a requirement, or enable a requirement to be imposed, for a person to co-operate with or to provide facilities for the use of another person who is performing a function under the order or under the international agreement (which may include a requirement to provide facilities without charge);
make provision about the disclosure of information.
An order under this section may—
make provision which applies generally or only in specified circumstances;
make different provision for different circumstances;
amend an enactment.
An order under this section—
must be made by statutory instrument,
may not be made unless the Secretary of State has consulted with such persons as appear to him to be appropriate, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
In this section—“EEA port” means a port in an EEA State from which passengers are commonly carried by sea to ... the United Kingdom,“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),“frontier control” means the enforcement of law which relates to, or in so far as it relates to, the movement of persons or goods into or out of the United Kingdom or another State,“immigration control” means arrangements made in connection with the movement of persons into or out of the United Kingdom or another State,“international agreement” means an agreement made between Her Majesty’s Government and the government of another State, and“specified area” means an area (whether of the United Kingdom or of another State) specified in an international agreement.“United Kingdom port” means a port in the United Kingdom from which passengers are commonly carried by sea to an EEA State.
Country information
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Offences
Substance
The following shall be substituted for section 25 of the Immigration Act 1971 (c. 77) (assisting illegal entry)—
The Immigration Act 1971 (c. 77) shall be amended as follows.
Section 25A (detention of ship, aircraft or vehicle) shall be renumbered as section 25D (and its title becomes “Detention of ship, aircraft or vehicle”) and—
in subsection (1) for “section 25(1)(a) or (b)” substitute “ section 25, 25A or 25B ”,
in subsections (2) and (4) for “section 25(6)” substitute “ section 25C ”,
for subsection (3) substitute—, and
omit subsection (7).
In section 28A (arrest without warrant)—
omit subsection (4),
in subsection (10) omit “, (4)(b)”, and
in subsection (11) omit “, (4)”.
In section 28B(5) (search and arrest by warrant) for “, section 24A or section 25(2)” substitute “ , 24A ”.
In section 28D(4) (entry and search of premises) for “section 24A or section 25” substitute “ 24A, 25, 25A, 25B ”.
After section 33(1) (interpretation) insert—
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Section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence) shall be amended as follows.
For subsection (2) (defence) substitute—
After subsection (6) insert—
At the end of the section add—
The following shall be inserted after section 26 of the Immigration Act 1971 (general offences)—
The following shall be inserted after section 26A of the Immigration Act 1971 (c. 77) (registration card: falsification, &c.) (inserted by section 148 above)—
The following shall be inserted after section 28A(9) of the Immigration Act 1971 (arrest without warrant)—
In section 28B(5) of that Act (search and arrest by warrant) after “, 24A” there shall be inserted “ , 26A or 26B. ”.
In section 28D(4) of that Act (search of premises) after “, 25B” there shall be inserted “ , 26A or 26B ”.
In section 26(3) of the Immigration Act 1971 (general offences: “relevant enactment”)—
the word “or” after paragraph (c) shall cease to have effect, and
after paragraph (d) there shall be inserted—
Procedure
The following shall be inserted after section 28A of the Immigration Act 1971 (c. 77) (arrest without warrant)—
The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)—
The following shall be substituted for section 146(2) of the Immigration and Asylum Act 1999 (use of force)—
The following shall be inserted after section 28F of the Immigration Act 1971 (c. 77) (entry and search)—
The following shall be added at the end of section 28L of the Immigration Act 1971 (c. 77) (interpretation) (which becomes subsection (1))—
In section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) the words “, 24A, 25” shall cease to have effect.
Section 24A(4) of that Act (deception: application of extended time limit) shall cease to have effect.
General
The Secretary of State may by order make consequential or incidental provision in connection with a provision of this Act.
An order under this section may, in particular—
amend an enactment;
modify the effect of an enactment.
An order under this section must be made by statutory instrument.
An order under this section which amends an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Any other order under this section shall be subject to annulment pursuant to a resolution of either House of Parliament.
A reference to “the Immigration Acts” shall be construed in accordance with section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
The following shall be substituted for section 32(5) of the Immigration Act 1971—
The following shall be substituted for the definition of “the Immigration Acts” in section 167(1) of the Immigration and Asylum Act 1999—
Subsection (2) applies where this Act amends or refers to a provision which is applied by, under or for purposes of—
another provision of the Act which contains the provision, or
another Act.
The amendment or reference shall have effect in relation to the provision as applied.
Where this Act applies a provision of another Act, a reference to that provision in any enactment includes a reference to the provision as applied by this Act.
Expenditure of the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid out of money provided by Parliament.
An increase attributable to this Act in the amount payable out of money provided by Parliament under another enactment shall be paid out of money provided by Parliament.
A sum received by the Secretary of State or the Lord Chancellor in connection with a provision of this Act shall be paid into the Consolidated Fund.
The provisions listed in Schedule 9 are hereby repealed to the extent specified.
Subject to subsections (2) to (5), the preceding provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order.
The following provisions shall come into force on the passing of this Act—
section 6,
section 7,
section 11,
section 16,
section 35(1)(h),
section 38,
section 40(1),
section 41(1),
section 42,
section 43,
section 48,
section 49,
section 50,
section 56,
section 58,
section 59,
section 61,
section 67,
section 69,
section 70,
section 157, and
section 160.
Section 5 shall have effect in relation to—
an application made after the passing of this Act, and
an application made, but not determined, before the passing of this Act.
Section 8 shall have effect in relation to—
an application made on or after a date appointed by the Secretary of State by order, and
an application made, but not determined, before that date.
Section 9 shall have effect in relation to a child born on or after a date appointed by the Secretary of State by order.
An order under subsection (1) may—
make provision generally or for a specified purpose only (which may include the purpose of the application of a provision to or in relation to a particular place or area);
make different provision for different purposes;
include transitional provision;
include savings;
include consequential provision;
include incidental provision.
An order under this section must be made by statutory instrument.
A provision of this Act which amends or repeals a provision of another Act or inserts a provision into another Act has the same extent as the provision amended or repealed or as the Act into which the insertion is made (ignoring, in any case, extent by virtue of an Order in Council).
England and Wales, and
Northern Ireland.
A provision of this Act to which neither subsection (1) nor subsection (2) applies extends to—
England and Wales,
Scotland, and
Northern Ireland.
Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—
any of the Channel Islands;
the Isle of Man.
Subsection (4) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (1).
This Act may be cited as the Nationality, Immigration and Asylum Act 2002.
Citizenship Ceremony, Oath and Pledge
The following shall be substituted for section 42 of the British Nationality Act 1981 (c. 61) (registration and naturalisation: fee and oath)—
The following shall be substituted for Schedule 5 to the British Nationality Act 1981 (c. 61)—
Section 41 of the British Nationality Act 1981 (c. 61) (regulations) shall be amended as follows.
For subsection (1)(d) substitute—.
In subsection (2)(c)—
for “the taking there of any oath of allegiance” substitute “ the making there of a citizenship oath or pledge ”, and
for “granted or taken” substitute “ or granted ”.
In subsection (3)(a) for “taking of oaths of allegiance” substitute “ making of oaths and pledges of citizenship ”.
After subsection (3) insert—
The Secretary of State may make a payment to a local authority in respect of anything done by the authority in accordance with regulations made by virtue of section 41(3A) of the British Nationality Act 1981 (c. 61).
A local authority must—
comply with a requirement imposed on it by regulations made by virtue of that section, and
carry out a function imposed on it by regulations made by virtue of that section.
A local authority on which a requirement or function is imposed by regulations made by virtue of that section—
may provide facilities or make arrangements in addition to those which it is required to provide or make, and
may make a charge for the provision of facilities or the making of arrangements under paragraph (a) which does not exceed the cost of providing the facilities or making the arrangements.
Nationality: Repeal of Spent Provisions
The following provisions of the British Nationality Act 1981 (c. 61) shall cease to have effect—
section 7(registration as British citizen by virtue of residence or employment),
section 8(registration as British citizen by virtue of marriage),
section 9(registration as British citizen by virtue of father’s status),
section 19(registration as British Dependent Territories citizen by virtue of residence),
section 20(registration as British Dependent Territories citizen by virtue of marriage),
section 21(registration as British Dependent Territories citizen by virtue of father’s status),
section 27(2)(entitlement of minor to registration as British Overseas citizen),
section 28(registration as British Overseas citizen by virtue of marriage), and
section 33(registration as British subject of certain women by virtue of earlier entitlement).
Nothing in this Schedule has any effect in relation to a registration made under a provision before its repeal.
Withholding and Withdrawal of Support
Ineligibility for support
A person to whom this paragraph applies shall not be eligible for support or assistance under—
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section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49) (social welfare services),
Article 7 or 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, social welfare, &c.),
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section 29(1)(b) of the Housing (Scotland) Act 1987 (c. 26) (interim duty to accommodate in case of apparent priority need where review of a local authority decision has been requested),
section 17, 23C, 23CZB, 23CA, 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),
Article 18, 35 or 36 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (welfare and other powers which can be exercised in relation to adults),
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section 1 of the Localism Act 2011 (local authority’s general power of competence),
a provision of the Immigration and Asylum Act 1999 (c. 33), ...
a provision of this Act ,...
Part 1 of the Care Act 2014 (care and support provided by local authority) or
A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).
An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).
Exceptions
Paragraph 1 does not prevent the provision of support or assistance—
to a British citizen, or
to a child, or
under or by virtue of regulations made under paragraph 8, 9 or 10 below, or
in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1, or
in circumstances in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.
Regulations under sub-paragraph (1)(d) may confer a discretion on the Secretary of State.
Regulations under sub-paragraph (1)(e) may, in particular, disapply paragraph 1 to the provision of support or assistance by a local authority to a person where the authority—
has taken steps in accordance with guidance issued by the Secretary of State to determine whether paragraph 1 would (but for the regulations) apply to the person, and
has concluded on the basis of those steps that there is no reason to believe that paragraph 1 would apply.
Regulations under sub-paragraph (1)(d) or (e) may confer a discretion on an authority.
A local authority which is considering whether to give support or assistance to a person under a provision listed in paragraph 1(1) shall act in accordance with any relevant guidance issued by the Secretary of State under sub-paragraph (3)(a).
A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(d) or (e), except in a case for which the regulations provide otherwise.
Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—
a person’s Convention rights, ...
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First class of ineligible person: refugee status abroad
Paragraph 1 applies to a person if he—
has refugee status abroad, or
is the dependant of a person who is in the United Kingdom and who has refugee status abroad.
For the purposes of this paragraph a person has refugee status abroad if—
he does not have the nationality of an EEA State and is not a British citizen, and
the government of an EEA State ... has determined that he is entitled to protection as a refugee under the Refugee Convention.
Second class of ineligible person: citizen of other EEA State
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Third class of ineligible person: failed asylum-seeker
Paragraph 1 applies to a person if—
he was (but is no longer) an asylum-seeker, and
he fails to cooperate with removal directions issued in respect of him.
Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).
Fourth class of ineligible person: person unlawfully in United Kingdom
Paragraph 1 applies to a person if—
he is in the United Kingdom in breach of the immigration laws within the meaning of section 50A of the British Nationality Act 1981 , and
he is not an asylum-seeker.
Fifth class of ineligible person: failed asylum-seeker with family
Paragraph 1 applies to a person if—
he—
is treated as an asylum-seeker for the purposes of Part VI of the Immigration and Asylum Act 1999 (c. 33) (support) by virtue only of section 94(3A) (failed asylum-seeker with dependent child), or
is treated as an asylum-seeker for the purposes of Part 2 of this Act by virtue only of section 18(2),
the Secretary of State has certified that in his opinion the person has failed without reasonable excuse to take reasonable steps—
to leave the United Kingdom voluntarily, or
to place himself in a position in which he is able to leave the United Kingdom voluntarily,
the person has received a copy of the Secretary of State’s certificate, and
the period of 14 days, beginning with the date on which the person receives the copy of the certificate, has elapsed.
Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).
For the purpose of sub-paragraph (1)(d) if the Secretary of State sends a copy of a certificate by first class post to a person’s last known address, the person shall be treated as receiving the copy on the second day after the day on which it was posted.
The Secretary of State may by regulations vary the period specified in sub-paragraph (1)(d).
Travel assistance
The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 ... to leave the United Kingdom.
Temporary accommodation
The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.
Arrangements for a person by virtue of this paragraph—
may be made only if the person has with him a dependent child, and
may include arrangements for a dependent child.
The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—
paragraph 1 applies to him by virtue of paragraph 7, and
he has not failed to cooperate with removal directions issued in respect of him.
Arrangements for a person by virtue of this paragraph—
may be made only if the person has with him a dependent child, and
may include arrangements for a dependent child.
Assistance and accommodation: general
Regulations under paragraph 8, 9 or 10 may—
provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;
confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;
provide that arrangements must be made in a specified manner or in accordance with specified principles;
provide that arrangements may not be made in a specified manner;
require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;
require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.
Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—
new arrangements may be made for him under paragraph 8, but
new arrangements may not be made for him under paragraph 9.
Regulations by virtue of this paragraph may include exceptions in the case of a person who—
has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and
satisfies any requirements of the regulations for proof of the reason.
Offences
A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he—
returns to the United Kingdom, and
requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.
A person commits an offence if he—
requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and
fails to mention a previous request by him for the making of arrangements under any of those paragraphs.
A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.
Information
If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority’s area by virtue of paragraph 6, 7 or 7A , the authority must inform the Secretary of State.
A local authority shall act in accordance with any relevant guidance issued by the Secretary of State for the purpose of determining whether paragraph 1 applies or may apply to a person in the authority’s area by virtue of paragraph 6, 7 or 7A .
Power to amend Schedule
The Secretary of State may by order amend this Schedule so as—
to provide for paragraph 1 to apply or not to apply to a class of person;
to add or remove a provision to or from the list in paragraph 1(1);
to add, amend or remove a limitation of or exception to paragraph 1.
Orders and regulations
An order or regulations under this Schedule must be made by statutory instrument.
An order or regulations under this Schedule may—
make provision which applies generally or only in specified cases or circumstances or only for specified purposes;
make different provision for different cases, circumstances or purposes;
make transitional provision;
make consequential provision (which may include provision amending a provision made by or under this or another Act).
An order under this Schedule, regulations under paragraph 2(1)(d) or (e) or other regulations which include consequential provision amending an enactment shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Regulations under this Schedule to which sub-paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Interpretation
In this Schedule—“asylum-seeker” means a person—who is at least 18 years old, who has made a claim for asylum (within the meaning of section 18(3)), and whose claim has been recorded by the Secretary of State but not determined,“Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),“child” means a person under the age of eighteen,“dependant” and “dependent” shall have such meanings as may be prescribed by regulations made by the Secretary of State,“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),“local authority”—in relation to England and Wales, has the same meaning as in section 129(3), in relation to Scotland, has the same meaning as in section 129(4), and in relation to Northern Ireland, means a health service body within the meaning of section 133(4)(d) and the Northern Ireland Housing Executive (for which purpose a reference to the authority’s area shall be taken as a reference to Northern Ireland),“the Refugee Convention” means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and“removal directions” means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).
For the purpose of the definition of “asylum-seeker” in sub-paragraph (1) a claim is determined if—
the Secretary of State has notified the claimant of his decision,
no appeal against the decision can be brought (disregarding the possibility of an appeal out of time with permission), and
any appeal which has already been brought has been disposed of.
But if a claim is—the claim ceases to be treated as determined from the time of the decision to consider the claim.
declared inadmissible under section 80B, and
nevertheless considered by the Secretary of State in accordance subsection (7) of that section,
For the purpose of sub-paragraph (2)(c) an appeal is disposed of when it is no longer pending for the purpose of—
Part 5 of this Act, or
the Special Immigration Appeals Commission Act 1997 (c. 68).
The giving of directions in respect of a person under a provision of the Immigration Acts is not the provision of assistance to him for the purposes of this Schedule.
The Asylum and Immigration Tribunal
Membership
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Presidency
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Judicial Assistance
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Proceedings
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Staff
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Money
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Delegation
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Training etc.
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Oaths
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Membership
The Lord Chancellor shall appoint the members of the Tribunal.
A member—
may resign by notice in writing to the Lord Chancellor,
shall cease to be a member on reaching the age of 70, and
otherwise, shall hold and vacate office in accordance with the terms of his appointment.
Presidency
The Lord Chancellor shall appoint as President of the Tribunal a member who holds or has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876 (c. 59).
The Lord Chancellor shall appoint one legally qualified member of the Tribunal as its Deputy President.
The Deputy President—
may act for the President if the President is unable to act or unavailable, and
shall perform such functions as the President may delegate or assign to him.
Proceedings
The Tribunal shall sit at times and places determined by the Lord Chancellor.
The Tribunal may sit in more than one division.
The jurisdiction of the Tribunal may be exercised by such number of its members as the President may direct.
A direction under this sub-paragraph—
may relate to specified proceedings or proceedings of a specified kind,
may enable jurisdiction to be exercised by a single member,
may require the member hearing proceedings, or a specified number of the members hearing proceedings, to be legally qualified, and
may be varied or revoked by a further direction.
Staff
The Lord Chancellor may appoint staff for the Tribunal.
Money
The Lord Chancellor—
may pay remuneration and allowances to members of the Tribunal,
may pay remuneration and allowances to staff of the Tribunal, and
may defray expenses of the Tribunal.
The Lord Chancellor may pay compensation to a person who ceases to be a member of the Tribunal if the Lord Chancellor thinks it appropriate because of special circumstances.
Interpretation: legally qualified member
For the purpose of this Schedule a member of the Tribunal is legally qualified if he—
has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
is an advocate or solicitor in Scotland of at least seven years’ standing,
is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland , of at least seven years’ standing, or
is appointed by the Lord Chancellor as a legally qualified member.
A person may be appointed by the Lord Chancellor under sub-paragraph (1)(d) only if he has legal or other experience which in the Lord Chancellor’s opinion makes him suitable for appointment as a legally qualified member.
Immigration and Asylum Appeals: Transitional Provision
“Commencement”
In this Schedule “commencement” means the coming into force of Part 5 of this Act.
Adjudicator
Tribunal
Where a person is a member of the Immigration Appeal Tribunal immediately before commencement his appointment shall have effect after commencement as if made under Schedule 5.
Where a person is a member of staff of the Immigration Appeal Tribunal immediately before commencement his appointment shall have effect after commencement as if made under Schedule 5.
Earlier appeal
In the application of section 96—
a reference to an appeal or right of appeal under a provision of this Act includes a reference to an appeal or right of appeal under the Immigration and Asylum Act 1999,
a reference to a requirement imposed under this Act includes a reference to a requirement of a similar nature imposed under that Act,
a reference to a statement made in pursuance of a requirement imposed under a provision of this Act includes a reference to anything done in compliance with a requirement of a similar nature under that Act, and
a reference to notification by virtue of this Act includes a reference to notification by virtue of any other enactment.
Saving
This Schedule is without prejudice to the power to include transitional provision in an order under section 162.
An order under that section may, in particular, provide for a reference to a provision of Part 5 of this Act to be treated as being or including a reference (with or without modification) to a provision of the Immigration and Asylum Act 1999 (c. 33).
Immigration and Asylum Appeals: Consequential Amendments
Immigration Act 1971 (c. 77)
In section 33(4) of the Immigration Act 1971 (c. 77) (pending appeal: interpretation) for paragraphs (a) and (b) substitute “in accordance with section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeals)”.
In paragraph 2A(9) of Schedule 2 to that Act (control of entry: person with continuing leave) for “Part IV of the Immigration and Asylum Act 1999” substitute “ Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) ”.
In paragraph 4(4) of that Schedule (examination and detention of documents) for “an appeal under this Act” substitute “ an appeal under the Nationality, Immigration and Asylum Act 2002 ”.
In paragraph 8(2) of that Schedule (time within which directions may be given) after “United Kingdom” insert “ (ignoring any period during which an appeal by him under the Immigration Acts is pending) ”.
In paragraph 29 of that Schedule (bail pending appeal)—
in sub-paragraph (1), for the words from “section” to “1999” substitute “ Part 5 of the Nationality, Immigration and Asylum Act 2002 ”, and
for the words “Appeal Tribunal” substitute, in each place, “ Immigration Appeal Tribunal ”.
For paragraph 3 of that Schedule (deportation: effect of appeal) substitute—
House of Commons Disqualification Act 1975 (c. 24)
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) for “Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999.” substitute “ Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002. ”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) for “Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999.” substitute “ Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002. ”.
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Courts and Legal Services Act 1990 (c. 41)
In Schedule 11 to the Courts and Legal Services Act 1990 (judges &c. barred from legal practice) for “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)” substitute “ Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002 ”.
Tribunals and Inquiries Act 1992 (c. 53)
In paragraph 22 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals)—
Judicial Pensions and Retirement Act 1993 (c. 8)
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (offices which may be qualifying judicial offices) for “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)” substitute “Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002”.
In Schedule 5 to that Act (retirement provisions: the relevant offices) for “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)” substitute “Adjudicator appointed for the purposes of Part 5 of the Nationality, Immigration and Asylum Act 2002”.
Special Immigration Appeals Commission Act 1997 (c. 68)
The following shall be substituted for section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals)—
Section 2A of that Act (human rights) shall cease to have effect.
Section 4 of that Act (determination of appeals) shall cease to have effect.
In section 5 of that Act (procedure)—
in subsections (1)(a) and (b) and (2) omit “or 2A”, and
after subsection (2) insert—
Section 7A of that Act (pending appeals) shall cease to have effect.
In paragraph 5 of Schedule 1 to that Act—
Schedule 2 to that Act shall cease to have effect.
Immigration and Asylum Act 1999 (c. 33)
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In section 53(4) of that Act (bail) for “this Act” there shall be substituted “ the Nationality, Immigration and Asylum Act 2002 ”.
Paragraph 9 of Schedule 4 to that Act (appeals: procedure: Convention cases) shall be amended as follows—
in sub-paragraph (1)(a), omit “(4), (5)”, and
omit sub-paragraphs (4) and (5).
This paragraph is without prejudice to—
the effect after commencement of this paragraph of a certificate issued before commencement, or
the power of the Secretary of State after the commencement of this paragraph to issue a certificate in respect of a claim made before commencement.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
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Proceeds of Crime Act 2002 (c. 29)
The following shall be substituted for paragraph 4 of Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England and Wales: people trafficking)—
In paragraph 4 of Schedule 4 to that Act (lifestyle offences: Scotland: people trafficking) for “section 25(1) of the Immigration Act 1971 (assisting illegal entry etc.)” there shall be substituted “ section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc.) ”.
The following shall be substituted for paragraph 4 of Schedule 5 to that Act (lifestyle offences: Northern Ireland: people trafficking)—
Carriers’ Liability
The Immigration and Asylum Act 1999 (c. 33) shall be amended as follows.
Section 32 (penalty for carrying clandestine entrant) shall be amended as follows.
After subsection (1)(a) insert—.
For subsection (2) substitute—
For subsection (4) substitute—
In subsection (5)—
in paragraph (a) for the second “or” substitute “ and ”, and
in paragraphs (b) and (c) for “or” substitute “ and ”.
After subsection (5) insert—
In subsection (6)(a) and (b) for “or” substitute “ and ”.
After subsection (6) insert—
After section 32 insert—
The heading of section 33 (code of practice) becomes “ Prevention of clandestine entrants: code of practice ”.
In section 33(2)(b) omit “both Houses of”.
Section 34 (defence) shall be amended as follows.
For subsection (1) substitute—
In subsection (3)(c) omit the first “that”.
After subsection (3) insert—
Omit subsection (5).
For subsection (6) substitute—
Section 35 (notification and objection) shall be amended as follows.
In subsection (2)(d)(i) for “must” substitute “ may ”.
For subsections (3) to (8) substitute—
In subsection (9)—
for the first “served” substitute “ issued ”, and
for “served on” substitute “ issued to ”.
At the end add—
After section 35 insert—
Section 36 (detention of vehicle) shall be amended as follows.
In subsection (1)—
for “given” substitute “ issued ”,
after paragraph (b) omit “or”, and
after paragraph (c) insert.
After subsection (2) insert—
After section 36 insert—
Section 37 (effect of detention of transporter) shall be amended as follows.
In subsection (2) for “claiming an interest in the transporter,” substitute “ whose interests may be affected by detention of the transporter, ”.
In subsection (3)(c) omit “and the applicant has a compelling need to have the transporter released”.
After subsection (3) insert—
After subsection (5) insert—
After subsection (6) add—
Section 39(rail freight) shall cease to have effect.
For section 40 (charge in respect of passenger without proper documents) substitute—
Section 42(power to detain vehicle, &c. carrying person without proper travel documents) shall cease to have effect.
In section 43 (interpretation) (which becomes subsection (1))—
in the definition of “concealed” for “or aircraft” substitute “ , aircraft or rail freight wagon ”,
omit the definition of “court”,
after the definition of “equipment” insert—,
in the definition of “owner” omit paragraph (b) and the word “and” immediately preceding it,
for the definition of “rail freight wagon” substitute—,
after the definition of “ship” insert—,
in the definition of “transporter” for “or aircraft” substitute “ , aircraft or rail freight wagon ”, and
at the end insert—
Schedule 1 (sale of transporter) shall be amended as follows.
In paragraph 1(2)(a) omit “or charge”.
After paragraph 2 insert—
In paragraph 5(1) omit “or 42”.
In paragraph 5(2)(d) omit “or charge”.
This paragraph applies to a code of practice which—
could be issued under section 33 of that Act after the coming into force of paragraph 2 of this Schedule.
A code of practice to which this paragraph applies—
shall continue to have effect after the coming into force of paragraph 12 of this Schedule, and
shall be treated after that time as if made and brought into operation under section 33 alone.
Repeals