Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004
At the end of section 25 of the Immigration Act 1971 (c. 77) (offence of assisting unlawful immigration to member State) add—
member State and >“immigration law have the meanings given by section 25(2) and (7))
A person commits an offence if at a leave or asylum interview he does not have with him an immigration document which—
is in force, and
satisfactorily establishes his identity and nationality or citizenship.
A person commits an offence if at a leave or asylum interview he does not have with him, in respect of any dependent child with whom he claims to be travelling or living, an immigration document which—
is in force, and
satisfactorily establishes the child’s identity and nationality or citizenship.
But a person does not commit an offence under subsection (1) or (2) if—
the interview referred to in that subsection takes place after the person has entered the United Kingdom, and
within the period of three days beginning with the date of the interview the person provides to an immigration officer or to the Secretary of State a document of the kind referred to in that subsection.
It is a defence for a person charged with an offence under subsection (1)—
to prove that he is —
an Irish citizen,
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or
is a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to prove that he has a reasonable excuse for not being in possession of a document of the kind specified in subsection (1),
to produce a false immigration document and to prove that he used that document as an immigration document for all purposes in connection with his journey to the United Kingdom, or
to prove that he travelled to the United Kingdom without, at any stage since he set out on the journey, having possession of an immigration document.
It is a defence for a person charged with an offence under subsection (2) in respect of a child—
to prove that the child is—
an Irish citizen,
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or
is a frontier worker within the meaning of regulation 3 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to prove that the person has a reasonable excuse for not being in possession of a document of the kind specified in subsection (2),
to produce a false immigration document and to prove that it was used as an immigration document for all purposes in connection with the child’s journey to the United Kingdom, or
to prove that he travelled to the United Kingdom with the child without, at any stage since he set out on the journey, having possession of an immigration document in respect of the child.
Where the charge for an offence under subsection (1) or (2) relates to an interview which takes place after the defendant has entered the United Kingdom—
subsections (4)(c) and (5)(c) shall not apply, but
it is a defence for the defendant to prove that he has a reasonable excuse for not providing a document in accordance with subsection (3).
For the purposes of subsections (4) to (6)—
the fact that a document was deliberately destroyed or disposed of is not a reasonable excuse for not being in possession of it or for not providing it in accordance with subsection (3), unless it is shown that the destruction or disposal was—
for a reasonable cause, or
beyond the control of the person charged with the offence, and
in paragraph (a)(i) “reasonable cause” does not include the purpose of—
delaying the handling or resolution of a claim or application or the taking of a decision,
increasing the chances of success of a claim or application, or
complying with instructions or advice given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.
A person shall be presumed for the purposes of this section not to have a document with him if he fails to produce it to an immigration officer or official of the Secretary of State on request.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.
If a constable oran immigration officer reasonably suspects that a person has committed an offence under this section he may arrest the person without warrant.
An offence under this section shall be treated as—
a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and
an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.
In this section—
“EEA national” means a national of 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),
“immigration document” means—
a decision that a person is to be removed from the United Kingdom by way of directions under paragraphs 8 to 12 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal),
paragraph 17 of Schedule 2 to that Act (control of entry),
Schedule 2 to the Immigration Act 1971 (control on entry) (including a provision of that Schedule as applied by another provision of the Immigration Acts),
Section 26
Section 26
“identity document” means any document that may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person’s identity or address;
Schedule 2 to the Immigration Act 1971 (control on entry) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph 24(3) for “An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above” substitute “ Where a person is brought before the Asylum and Immigration Tribunal, a justice of the peace or the sheriff by virtue of sub-paragraph (2)(a), the Tribunal, justice of the peace or sheriff ”. In paragraph 29— In paragraphs 30, 31, 32 and 33— In paragraph 33—
In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for subsections (3) to (5) substitute—, and
omit subsections (6) to (8).
The Tribunals and Inquiries Act 1992 shall be amended as follows. In section 7 (dismissal) omit subsection (3). Immigration and asylum 22. The Asylum and Immigration Tribunal constituted under section 81 of the Nationality, Immigration and Asylum Act 2002.
The Special Immigration Appeals Commission Act 1997 shall be amended as follows.
At the end of section 2B (deprivation of citizenship) insert “(and section 40A(3)(a) shall have effect in relation to appeals under this section).”
In Schedule 1 (constitution, &c.) for paragraph 5(b) substitute— A person is qualified for the purposes of paragraph 5(b) of that Schedule as it has effect after the commencement of sub-paragraph (1) above if he is qualified for the purposes of paragraph 5(b) as it had effect at any time since its commencement.
Schedule 3 (bail) shall be amended as follows. In paragraph 1(2) for ““adjudicator”” substitute ““Tribunal””. In paragraph 1(3)(a) for “adjudicator”” substitute “the Asylum and Immigration Tribunal””. In paragraph 1(3)(b) for “adjudicator”” substitute “the Asylum and Immigration Tribunal””. In paragraph 1(4)(a) and (b) for “adjudicator”” substitute “the Asylum and Immigration Tribunal””. In paragraph 2(2)(a) for ““an adjudicator”” substitute ““the Asylum and Immigration Tribunal””. In paragraph 2(2)(b) for ““the adjudicator”” substitute ““the Asylum and Immigration Tribunal””. In paragraph 2(3)(a) for ““an adjudicator”” substitute ““the Asylum and Immigration Tribunal””. In paragraph 2(3)(b) for ““the adjudicator”” substitute ““the Asylum and Immigration Tribunal””. In paragraph 6(2)(a) for ““an adjudicator or the Tribunal”” substitute ““the Tribunal””. In paragraph 6(2)(b) for ““the adjudicator or the Tribunal, as the case may be,”” substitute ““the Tribunal””. In paragraph 6(2)(c) for ““the adjudicator or Tribunal”” substitute ““the Tribunal””. In paragraph 6(3)(a) for ““an adjudicator or the Tribunal”” substitute ““the Tribunal””. In paragraph 6(3)(b) for ““the adjudicator or Tribunal”” substitute ““the Tribunal””. In paragraph 7(a) for ““an adjudicator or the Tribunal”” substitute ““the Tribunal””. In paragraph 7(b) for ““the adjudicator or Tribunal”” substitute ““the Tribunal””. In paragraph 7(c) for ““the adjudicator or the Tribunal”” substitute ““the Tribunal””.
“immigration decision” means—
For paragraph 2(1)(h) of Schedule 2 to the Access to Justice Act 1999 (Community Legal Service: excluded services) substitute—.
refusal to vary a person’s leave to enter or remain in the United Kingdom,
The Nationality, Immigration and Asylum Act 2002 shall be amended as follows.
In section 72(10) (serious criminal) omit “adjudicator,”.
In the provisions listed in sub-paragraph (2)— The provisions are—
In section 87—
for subsection (3) substitute—, and
in subsection (4) for “as part of the determination of the appeal for the purposes of section 101” substitute “as part of the Tribunal’s decision on the appeal for the purposes of section 103A”.
In section 104 (pending appeal)—
for subsection (2) substitute—, and
omit subsection (3) (remittal to adjudicator).
In section 106 (rules)—
in subsection (1)(a) for “, 83 or 101” substitute “or 83 or by virtue of section 109”,
in subsection (1)(b) for “, 83, 101(1) or 103” substitute “or 83 or by virtue of section 109”,
after subsection (1) insert—,
in subsection (2)(d) for “an adjudicator or the Immigration Appeal Tribunal” substitute “the Tribunal”,
in subsection (2)(e) and (f) omit “an adjudicator or”,
in subsection (2)(g) for “an adjudicator” substitute, in each place, “the Tribunal”,
in subsection (2)(h) for “an adjudicator” substitute, in each place, “the Tribunal”,
omit subsection (2)(j) and (k),
in subsection (2)(m) omit the words from “(which may” to the end,
in subsection (2)(o) omit “an adjudicator or”,
in subsection (2)(p) omit “an adjudicator or”,
in subsection (2)(q) omit “an adjudicator or”,
in subsection (2)(r) omit “an adjudicator or”,
in subsection (2)(s) omit “an adjudicator or”,
after subsection (2)(s) insert—,
in subsection (3)(a) omit “an adjudicator or”,
in subsection (3)(d) omit “an adjudicator or”,
in subsection (3)(e) omit “an adjudicator or”,
for subsection (3)(f) substitute—, and
in subsection (4) omit “an adjudicator or”.
In section 107 (practice directions)— The reference to a decision of the Tribunal in section 107(3) (as added by sub-paragraph (1) above) shall be treated as including a reference to a decision of the Immigration Appeal Tribunal.
In section 108 (forged document: proceedings in private)—
in subsection (1)(a) for “, 83 or 101” substitute “or 83”, and
in subsection (2) for “The adjudicator or the Immigration Appeal Tribunal” substitute “The Tribunal”.
Section 112 (regulations, &c.) shall be amended as follows. In subsection (2) after “Regulations and rules under this Part” insert “, other than regulations under section 103D(4),”. For subsection (6) substitute—
For paragraph 2(i) of Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (civil legal services: excluded services) substitute—. The amendment made by sub-paragraph (1) is without prejudice to any power to amend or revoke the provision inserted by that sub-paragraph.
In this Part “commencement” means the coming into force of section 26.
A person who immediately before commencement is, or is to be treated as, an adjudicator appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals) (as it has effect before commencement) shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act (as it has effect after commencement) immediately after commencement.
Where immediately before commencement a person is a member of the Immigration Appeal Tribunal—
he shall be treated as having been appointed as a member of the Asylum and Immigration Tribunal under paragraph 1 of Schedule 4 to that Act immediately after commencement, and
if he was a legally qualified member of the Immigration Appeal Tribunal (within the meaning of Schedule 5 to that Act) he shall be treated as having been appointed as a legally qualified member of the Asylum and Immigration Tribunal.
A person who immediately before commencement is a member of staff of adjudicators appointed or treated as appointed under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) or of the Immigration Appeal Tribunal shall be treated as having been appointed as a member of the staff of the Asylum and Immigration Tribunal under paragraph 9 of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 immediately after commencement.
This paragraph shall have effect in relation to applications under section 103A(1) or for permission under section 103A(4)(b) made— An application in relation to which this paragraph has effect shall be considered by a member of the Asylum and Immigration Tribunal (in accordance with arrangements under paragraph 8(1) of Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (inserted by Schedule 1 above)). For the purposes of sub-paragraph (2)— Where a member of the Tribunal considers an application under section 103A(1) or 103A(4)(b) by virtue of this paragraph— Where notice is given under sub-paragraph (4)(b)— Rules of court may specify days to be disregarded in applying sub-paragraph (5)(b). A member of the Tribunal considering an application under section 103A(1) by virtue of this paragraph may not make a reference under section 103C. An order under sub-paragraph (1)(a) or (b)—
Section 33
In this Schedule— In this Schedule 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.
This Part applies to—
Austria,
Belgium,
Republic of Cyprus,
Czech Republic,
Denmark,
Estonia,
Finland,
France,
Germany,
Greece,
Hungary,
Iceland,
Ireland,
Italy,
Latvia,
Lithuania,
Luxembourg,
Malta,
Netherlands,
Norway,
Poland,
Portugal,
Slovak Republic,
Slovenia,
Spain, and
Sweden.
This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim or a human rights claim may be removed— A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
Section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed— provided that the Secretary of State certifies that in his opinion the person is not a national or citizen of the State.
from the United Kingdom, and
to a State to which this Part applies;
This paragraph applies where the Secretary of State certifies that— The person may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general). The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on— The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim to which this sub-paragraph applies if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim to which this sub-paragraph applies unless satisfied that the claim is not clearly unfounded. Sub-paragraph (4) applies to a human rights claim if, or in so far as, it asserts a matter other than that specified in sub-paragraph (3)(b).
A person who is outside the United Kingdom may not bring an immigration appeal on any ground that is inconsistent with treating a State to which this Part applies as a place—
where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion,
from which a person will not be sent to another State in contravention of his Convention rights, and
from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
This Part applies to such States as the Secretary of State may by order specify. An order under this paragraph—
This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed— A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
Section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed— provided that the Secretary of State certifies that in his opinion the person is not a national or citizen of the State.
from the United Kingdom, and
to a State to which this Part applies;
This paragraph applies where the Secretary of State certifies that— The person may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general). The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention. The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded; and the Secretary of State shall certify a human rights claim where this paragraph applies unless satisfied that the claim is not clearly unfounded.
A person who is outside the United Kingdom may not bring an immigration appeal on any ground that is inconsistent with treating a State to which this Part applies as a place—
where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
This Part applies to such States as the Secretary of State may by order specify. An order under this paragraph—
This paragraph applies for the purposes of the determination by any person, tribunal or court whether a person who has made an asylum claim may be removed— A State to which this Part applies shall be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place—
Section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no removal while claim for asylum pending) shall not prevent a person who has made a claim for asylum from being removed— provided that the Secretary of State certifies that in his opinion the person is not a national or citizen of the State.
from the United Kingdom, and
to a State to which this Part applies;
This paragraph applies where the Secretary of State certifies that— The person may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general). The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on an asylum claim which asserts that to remove the person to a specified State to which this Part applies would breach the United Kingdom’s obligations under the Refugee Convention. The person may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded.
A person who is outside the United Kingdom may not bring an immigration appeal on any ground that is inconsistent with treating a State to which this Part applies as a place—
where a person’s life and liberty are not threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
from which a person will not be sent to another State otherwise than in accordance with the Refugee Convention.
This Part applies to a person who has made an asylum claim if the Secretary of State certifies that—
it is proposed to remove the person to a specified State,
in the Secretary of State’s opinion the person is not a national or citizen of the specified State, and
in the Secretary of State’s opinion the specified State is a place—
where the person’s life and liberty will not be threatened by reason of his race, religion, nationality, membership of a particular social group or political opinion, and
from which the person will not be sent to another State otherwise than in accordance with the Refugee Convention.
Where this Part applies to a person section 77 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no removal while claim for asylum pending) shall not prevent his removal to the State specified under paragraph 17.
Where this Part applies to a person—
he may not bring an immigration appeal by virtue of section 92(2) or (3) of that Act (appeal from within United Kingdom: general),
he may not bring an immigration appeal by virtue of section 92(4)(a) of that Act (appeal from within United Kingdom: asylum or human rights) in reliance on an asylum claim which asserts that to remove the person to the State specified under paragraph 17 would breach the United Kingdom’s obligations under the Refugee Convention,
he may not bring an immigration appeal by virtue of section 92(4)(a) of that Act in reliance on a human rights claim if the Secretary of State certifies that the claim is clearly unfounded, and
he may not while outside the United Kingdom bring an immigration appeal on any ground that is inconsistent with the opinion certified under paragraph 17(c).
The Secretary of State may by order add a State to the list specified in paragraph 2. The Secretary of State may by order —
An order under paragraph 20(1) or (2)(a)— An order under paragraph 20(2)(b)—
Section 47 Short title and chapter Extent of repeal Immigration Act 1971 (c. 77) In Schedule 2— in paragraph 29(3), the words from “and where an adjudicator dismisses” to the end, and paragraph 29(4). House of Commons Disqualification Act 1975 (c. 24) In Part III of Schedule 1, the entry relating to immigration adjudicators. Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part III of Schedule 1, the entry relating to immigration adjudicators. British Nationality Act 1981 (c. 61) Section 40A(6) to (8). Tribunals and Inquiries Act 1992 (c. 53) Section 7(3). Asylum and Immigration Appeals Act 1993 (c. 23) Section 9A. Asylum and Immigration Act 1996 (c. 49) Section 8(9). Immigration and Asylum Act 1999 (c. 33) Sections 11 and 12. In section 72(10), “adjudicator”. In section 85(1), “and (b)”. Section 87(3)(f). Section 123. In Schedule 6, in paragraph 1(1), “or (b)”. State Pension Credit Act 2002 (c. 16) In Schedule 2, paragraph 42. Tax Credits Act 2002 (c. 21) In Schedule 4, paragraph 22. Nationality, Immigration and Asylum Act 2002 (c. 41) Section 52. Section 80. Section 87(4). Section 93. Section 94(4)(a) to (j). Sections 100 to 103. Section 104(3). In section 106— in subsection (2)(e) and (f), “an adjudicator or”, subsection (2)(j) and (k), in subsection (2)(m), the words from “(which may” to the end, and in subsections (2)(o), (p), (q), (r) and (s), (3)(a), (d), (e) and (4), “an adjudicator or”. Section 107(2). Schedule 5. State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) In Schedule 2, paragraph 31.
“travel document” means a passport or other document which is issued by or for Her Majesty’s Government or the government of another State and which enables or facilitates travel from the United Kingdom to another State, and
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Part III omit the entry relating to immigration adjudicators.
President or other member of the Asylum and Immigration Tribunal
Section 9A of the Asylum and Immigration Appeals Act 1993 (bail) shall cease to have effect.
In section 156(3) of the Immigration and Asylum Act 1999 (escorts and custody) for paragraphs (a) and (b) substitute—.
For the purposes of this section—
a document which purports to be, or is designed to look like, an immigration document, is a false immigration document, and
an immigration document is a false immigration document if and in so far as it is used—
outside the period for which it is expressed to be valid,
contrary to provision for its use made by the person issuing it, or
by or in respect of a person other than the person to or for whom it was issued.
...
Section 11 of the Immigration Act 1971 (c. 77) shall have effect for the purpose of the construction of a reference in this section to entering the United Kingdom.
In so far as this section extends to England and Wales, subsection (9)(b) shall, until 2 May 2022, have effect as if the reference to the general limit in a magistrates’ court were a reference to six months.
In so far as this section extends to Scotland, subsection (9)(b) shall have effect as if the reference to twelve months were a reference to six months.
In so far as this section extends to Northern Ireland, subsection (9)(b) shall have effect as if the reference to twelve months were a reference to six months.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5 of the Forgery and Counterfeiting Act 1981 (c. 45) (offences relating to various documents) shall be amended as follows.
After subsection (5)(f) (passports) insert—.
After subsection (8) add—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person commits an offence if he arranges or facilitates the arrival in the United Kingdom of an individual (the “passenger”) and—
he intends to exploit the passenger in the United Kingdom or elsewhere, or
he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.
A person commits an offence if he arranges or facilitates travel within the United Kingdom by an individual (the “passenger”) in respect of whom he believes that an offence under subsection (1) may have been committed and—
he intends to exploit the passenger in the United Kingdom or elsewhere, or
he believes that another person is likely to exploit the passenger in the United Kingdom or elsewhere.
A person commits an offence if he arranges or facilitates the departure from the United Kingdom of an individual (the “passenger”) and—
he intends to exploit the passenger outside the United Kingdom, or
he believes that another person is likely to exploit the passenger outside the United Kingdom.
For the purposes of this section a person is exploited if (and only if)—
he is the victim of behaviour that contravenes Article 4 of the Human Rights Convention (slavery and forced labour),
he is encouraged, required or expected to do anything as a result of which he or another person would commit an offence under the Human Organ Transplants Act 1989 (c. 31) or the Human Organ Transplants (Northern Ireland) Order 1989 (S.I. 1989/2408 (N.I. 21)),
he is subjected to force, threats or deception designed to induce him—
to provide services of any kind,
to provide another person with benefits of any kind, or
to enable another person to acquire benefits of any kind, or
he is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that—
he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and
a person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the United Kingdom,
outside the United Kingdom by an individual to whom subsection (2) below applies, or
outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a British citizen,
a British overseas territories citizen,
a British National (Overseas),
a British Overseas citizen,
a person who is a British subject under the British Nationality Act 1981 (c. 61), and
a British protected person within the meaning of that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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After paragraph 2(n) of Schedule 4 to the Criminal Justice and Court Services Act 2000 (c. 43) (offence against child) insert—
An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation).
At the end of paragraph 4 of Schedule 4 to the Proceeds of Crime Act 2002 (lifestyle offences: Scotland: people trafficking) add “or under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation)”.
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In so far as section 4 extends to England and Wales, subsection (5)(b) shall, until 2 May 2022, have effect as if the reference to twelve months were a reference to six months.
In so far as section 4 extends to Scotland, subsection (5)(b) shall have effect as if the reference to twelve months were a reference to six months.
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For section 8(4) of the Asylum and Immigration Act 1996 (c. 49) (employment: penalty) substitute—
Section 8(9) of that Act (extension of time limit for prosecution) shall cease to have effect.
In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of Director of Public Prosecutions) after paragraph (eb) insert—.
In determining whether to believe a statement made by or on behalf of a person who makes an asylum claim or a human rights claim, a deciding authority shall take account, as damaging the claimant’s credibility, of any behaviour to which this section applies.
This section applies to any behaviour by the claimant that the deciding authority thinks—
is designed or likely to conceal information,
is designed or likely to mislead, or
is designed or likely to obstruct or delay the handling or resolution of the claim or the taking of a decision in relation to the claimant.
Without prejudice to the generality of subsection (2) the following kinds of behaviour shall be treated as designed or likely to conceal information or to mislead—
failure without reasonable explanation to produce an identity document on request to an immigration officer or to the Secretary of State,
the production of a document which is not a valid identity document as if it were,
the destruction, alteration or disposal, in each case without reasonable explanation, of an identity document,
the destruction, alteration or disposal, in each case without reasonable explanation, of a ticket or other document connected with travel,
failure without reasonable explanation to answer a question asked by a deciding authority.
failure to provide to an immigration officer or the Secretary of State, on request, any information or anything else required in order to access any information stored in electronic form on a thing in the possession of an immigration officer or the Secretary of State that—
was found on the claimant, or
appears to an immigration officer or the Secretary of State to have been in the possession of the claimant, and
This section also applies to failure by the claimant to take advantage of a reasonable opportunity to make an asylum claim or human rights claim while in a safe country.
This section also applies to failure by the claimant to make an asylum claim or human rights claim before being notified of an immigration decision, unless the claim relies wholly on matters arising after the notification.
This section also applies to failure by the claimant to make an asylum claim or human rights claim before being arrested under an immigration provision, unless—
he had no reasonable opportunity to make the claim before the arrest, or
the claim relies wholly on matters arising after the arrest.
In this section—
“asylum claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (subject to subsection (9) below),
refusal of leave to enter the United Kingdom,
“leave or asylum interview” means an interview with an immigration officer or an official of the Secretary of State at which a person—
Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Part III omit the entry relating to immigration adjudicators.
For paragraph 6A of Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of that Order) substitute— The amendment made by sub-paragraph (1) is without prejudice to any power to amend or revoke the provision inserted by that sub-paragraph.
The Judicial Pensions and Retirement Act 1993 shall be amended as follows. President or other member of the Asylum and Immigration Tribunal President or other member of the Asylum and Immigration Tribunal
claims that to remove him from or require him to leave the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) as being incompatible with his Convention rights.
a decision to make a deportation order under section 5(1) of that Act, and
the Special Immigration Appeals Commission,
grant of leave to enter or remain in the United Kingdom,
refusal of leave to enter the United Kingdom,
An identity document produced by or on behalf of a person is valid for the purposes of subsection (3)(b) if it—
relates to the person by whom or on whose behalf it is produced,
has not been altered otherwise than by or with the permission of the authority who issued it, and
was not obtained by deception.
In subsection (4) a reference to an asylum claim or human rights claim shall be treated as including a reference to a claim of entitlement to remain in a country other than the United Kingdom made by reference to the rights that a person invokes in making an asylum claim or a human rights claim in the United Kingdom.
Regulations under subsection (7) specifying a manner of notification may, in particular—
apply or refer to regulations under section 105 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (notice of immigration decisions);
make provision similar to provision that is or could be made by regulations under that section;
modify a provision of regulations under that section in its effect for the purpose of regulations under this section;
provide for notice to be treated as received at a specified time if sent to a specified class of place in a specified manner.
Regulations under subsection (7) specifying a manner of notification—
may make incidental, consequential or transitional provision,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
“human rights claim” has the meaning given by section 113(1) of the Nationality, Immigration and Asylum Act 2002 (subject to subsection (9) below),
This section shall not prevent a deciding authority from determining not to believe a statement on the grounds of behaviour to which this section does not apply.
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an adjudicator appointed, or treated as if appointed, under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals), and
the Immigration Appeal Tribunal.
In paragraph (c) of the definition of a “deciding authority” in subsection (7) the reference to the First-tier Tribunal includes a reference to the Upper Tribunal when acting under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
In Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) after paragraph 7 insert—
In paragraph 14(1) and (2) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (local authority to notify Secretary of State) for “paragraph 6 or 7” substitute “ paragraph 6, 7 or 7A ”.
No appeal may be brought under section 103 of the Immigration and Asylum Act 1999 (asylum support appeal) against a decision—
that by virtue of a provision of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) other than paragraph 7A a person is not qualified to receive support, or
on the grounds of the application of a provision of that Schedule other than paragraph 7A, to stop providing support to a person.
On an appeal under section 103 of the Immigration and Asylum Act 1999 (c. 33) against a decision made by virtue of paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 theFirst-tier Tribunal may, in particular—
annul a certificate of the Secretary of State issued for the purposes of that paragraph;
require the Secretary of State to reconsider the matters certified.
An order under section 48 providing for this section to come into force may, in particular, provide for this section to have effect with specified modifications before the coming into force of a provision of the Nationality, Immigration and Asylum Act 2002.
At the end of section 4 of the Immigration and Asylum Act 1999 (provision of accommodation for failed asylum seekers, &c.) add—
In section 166(5) of that Act (regulations: affirmative instrument) before paragraph (a) insert—.
In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers: appeal) as it has effect before the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)—
after subsection (2) insert—, and
in subsections (6) and (7) for “section 95” substitute “ section 4 or 95 ”.
In section 103 of the Immigration and Asylum Act 1999 (support for asylum-seekers: appeal) as it has effect after the commencement of section 53 of the Nationality, Immigration and Asylum Act 2002—
for subsection (1) substitute—,
in subsection (4)(a) for “the other provision” substitute “ another of those provisions ”, and
in subsection (7) for “subsection (1)(a) or (b)” substitute “ subsection (1) ”.
In section 103A of the Immigration and Asylum Act 1999 (appeal about location of support) in subsection (1) (and in the heading) for “section 95” substitute “ section 4 or 95 ”.
In an amendment made by this section a reference to providing accommodation includes a reference to arranging for the provision of accommodation.
Regulations under section 4(5)(b) of the Immigration and Asylum Act 1999 (c. 33) (as inserted by subsection (1) above) may apply to persons receiving support under section 4 when the regulations come into force.
At the end of section 199 of the Housing Act 1996 (c. 52) (local connection) add—
Subsection (3) applies where—
a local housing authority would (but for subsection (3)) be obliged to secure that accommodation is available for occupation by a person under section 193 of the Housing Act 1996 (homeless persons),
the person was (at any time) provided with accommodation in a place in Scotland under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers),
the accommodation was not provided in an accommodation centre by virtue of section 22 of the Nationality, Immigration and Asylum Act 2002 (use of accommodation centres for section 95 support), and
the person has neither—
a local connection with the district of a local housing authority (in England or Wales) within the meaning of section 199 of the Housing Act 1996 as amended by subsection (1) above, nor
a local connection with a district (in Scotland) within the meaning of section 27 of the Housing (Scotland) Act 1987 (c. 26).
Where this subsection applies—
the duty of the local housing authority under section 193 of the Housing Act 1996 in relation to the person shall not apply, but
the local housing authority—
may secure that accommodation is available for occupation by the person for a period giving him a reasonable opportunity of securing accommodation for his occupation, and
may provide the person (or secure that he is provided with) advice and assistance in any attempts he may make to secure that accommodation becomes available for his occupation.
Section 123 of the Immigration and Asylum Act 1999 (c. 33) (back-dating of benefits for refugees) shall cease to have effect.
Accordingly (and without prejudice to any other implied repeal, revocation or amendment) the following (each of which concerns the treatment of refugees) lapse—
in the Income Support (General) Regulations 1987 (S.I. 1987/1967)—
regulation 21ZB,
paragraph 18A of Schedule 1B, and
paragraph 57 of Schedule 9,
in the Income Support (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 459)—
regulation 21A,
paragraph 18A of Schedule 1B, and
paragraph 57 of Schedule 9,
in the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968)—
regulation 4(3C),
regulation 6(4D), and
regulation 19(8),
in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 465)—
regulation 4(3C),
regulation 6(4D), and
regulation 19(8),
in the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971)—
regulation 7B,
Schedule A1,
paragraphs 61 and 62 of Schedule 4, and
paragraphs 50 and 51 of Schedule 5,
in the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461)—
regulation 7B,
Schedule A1,
paragraphs 62 and 63 of Schedule 4, and
paragraphs 48 and 49 of Schedule 5, and
in the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/ 1814)—
regulation 4D,
Schedule A1,
paragraphs 60 and 61 of Schedule 4, and
paragraphs 50 and 51 of Schedule 5.
Regulation 12(1) and (2) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 (S.I. 2000/636) (which save for transitional purposes the effect of provision made for back-payment of benefits for refugees under section 11(2) of the Asylum and Immigration Act 1996 (c. 49)) shall cease to have effect.
Regulation 11(1) and (2) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 (S.R. 2000 No. 71) (which make similar transitional savings) shall cease to have effect.
An order under section 48 bringing this section into force may, in particular, provide for this section to have effect in relation to persons recorded as refugees after a specified date (irrespective of when the process resulting in the record was begun).
The Secretary of State may make regulations enabling him to make loans —
A person is a refugee for the purpose of subsection (1) if the Secretary of State has—
recorded him as a refugee within the meaning of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951, and
granted him leave to enter or remain in the United Kingdom (within the meaning of section 33(1) of the Immigration Act 1971 (c. 77)).
to refugees, and
Regulations under subsection (1)—
shall specify matters which the Secretary of State shall, in addition to other matters appearing to him to be relevant, take into account in determining whether or not to make a loan (and those matters may, in particular, relate to—
a person’s income or assets,
a person’s likely ability to repay a loan, or
the length of time since a person was recorded as a refugee or since some other event) ,
shall enable the Secretary of State to specify (and vary from time to time) a minimum and a maximum amount of a loan,
shall prevent a person from receiving a loan if—
he is under the age of 18,
he is insolvent, within a meaning given by the regulations, or
he has received a loan under the regulations,
shall make provision about repayment of a loan (and may, in particular, make provision—
about interest;
for repayment by deduction from a social security benefit or similar payment due to the person to whom the loan is made),
shall enable the Secretary of State to attach conditions to a loan (which may include conditions about the use of the loan),
shall make provision about—
the making of an application for a loan, and
the information, which may include information about the intended use of a loan, to be provided in or with an application,
may make provision about steps to be taken by the Secretary of State in establishing an applicant’s likely ability to repay a loan,
may make provision for a loan to be made jointly to more than one person, and
may confer a discretion on the Secretary of State.
to such other classes of person, or to persons other than refugees in such circumstances, as the regulations may prescribe.
Regulations under this section—
shall 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.
Where an immigration officer in the course of exercising a function under the Immigration Acts forms a reasonable suspicion that a person has committed or attempted to commit an offence listed in subsection (2), he may arrest the person without warrant.
Those offences are—
the offence of conspiracy at common law (in relation to conspiracy to defraud),
at common law in Scotland, any of the following offences—
fraud,
conspiracy to defraud,
uttering and fraud,
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theft, and
reset,
an offence under section 57 of the Offences against the Person Act 1861 (c. 100) (bigamy),
an offence under section 24(A1) of the Marriage (Scotland) Act 1977 (c.15) (offences) ,
an offence under section 3 or 4 of the Perjury Act 1911 (c. 6) (false statements),
an offence under section 7 of that Act (aiding, abetting &c.) if it relates to an offence under section 3 or 4 of that Act,
an offence under section 53 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) (knowingly giving false information to district registrar, &c.),
an offence under any of the following provisions of the Theft Act 1968 (c. 60)—
section 1 (theft),
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section 17 (false accounting), and
section 22 (handling stolen goods),
an offence under section 1, ..., 17 or 21 of the Theft Act (Northern Ireland) 1969 (c. 16) (N.I.),
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an offence under either of the following provisions of the Fraud Act 2006—
section 1 (fraud);
section 11 (obtaining services dishonestly),
an offence under Article 8 or 9 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)),
an offence under Article 12 of that Order if it relates to an offence under Article 8 or 9 of that Order,
an offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—
section 1 (forgery),
section 2 (copying false instrument),
section 3 (using false instrument),
section 4 (using copy of false instrument), and
section 5(1) and (3) (false documents),
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The following provisions of the Immigration Act 1971 (c. 77) shall have effect for the purpose of making, or in connection with, an arrest under this section as they have effect for the purpose of making, or in connection with, arrests for offences under that Act—
section 28C (entry and search before arrest),
sections 28E and 28F (entry and search after arrest),
sections 28G and 28H (search of arrested person), and
section 28I (seized material).
an offence under any of sections 4 to 6 of the Identity Documents Act 2010.
In section 19D(5)(a) of the Race Relations Act 1976 (c. 74) (permitted discrimination)—
for “(within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002)” substitute “ (within the meaning of section 44 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004) ” , and
at the end add “and excluding section 14 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004”.
an offence under section 1 or 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
an offence under section 2 of the Modern Slavery Act 2015.
an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).
Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) shall be amended as follows.
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In subsection (9) for paragraph (c) substitute—.
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The officer may ask the carrier to provide a copy of all or part of a document that relates to a passenger and contains passenger information.
Where a document comes into the possession of the Secretary of State or an immigration officer in the course of the exercise of an immigration function, the Secretary of State or an immigration officer may retain the document while he suspects that—
a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
retention of the document may facilitate the removal.
Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.
This section applies to a marriage that is to be solemnised on the authority of a marriage schedule under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B.
which is to be solemnised on the authority of certificates issued by a superintendent registrar under Part III of the Marriage Act 1949 (c. 76), and
a party to which is subject to immigration control.
In relation to a marriage to which this section applies, the notices under section 27 of the Marriage Act 1949—
shall be given to the superintendent registrar of a registration district which is specified for the purpose of this paragraph by regulations made by the Secretary of State and is the appropriate registration district,
shall be delivered to the superintendent registrar in person by the two parties to the marriage,
may be given only if each party to the marriage has been resident in a registration district for the period of seven days immediately before the giving of his or her notice (but the district need not be that in which the notice is given and the parties need not have resided in the same district), and
shall state, in relation to each party, the registration district by reference to which paragraph (c) is satisfied.
A party to the marriage falls within exception A if the person is a relevant national.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom,
has the written permission of the Secretary of State to marry in the United Kingdom, or
falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State.
A party to the marriage falls within exception B if—
the person is exempt from immigration control, and
the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control.
In this section—
a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014;
he is not an EEA national, and
under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given),
“notice of marriage” means a notice of marriage given under section 27 of the 1949 Act.
“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971, and
“specified evidence” means such evidence as may be specified in guidance issued by the Registrar General.
For the purposes of subsection (2) “the appropriate registration district” means—
if the parties have resided in the same specified registration district for the period of seven days immediately before the giving of the notice (“the 7 day period”), that specified registration district,
if one or both of the parties have resided in a specified registration district (but not the same specified registration district) for the 7 day period, the specified registration district in which one of them has resided for that period, or
if neither of the parties has resided in a specified registration district for the 7 day period, any specified registration district.
In subsection (2A), “specified registration district” means a registration district specified for the purposes of subsection (2)(a) by regulations made under that provision.
The Marriage Act 1949 (c. 76) shall have effect in relation to a marriage to which section 19 applies—
subject to that section, and
with any necessary consequential modification.
In particular—
section 28(1)(b) of that Act (declaration: residence) shall have effect as if it required a declaration that—
the notice of marriage is given in compliance with section 19(2) above, ...
... and
section 48 of that Act (proof of certain matters not essential to validity of marriage) shall have effect as if the list of matters in section 48(1)(a) to (e) included compliance with section 19 above.
Regulations under section 19(2)(a)—
may make transitional provision,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Before making regulations under section 19(2)(a) the Secretary of State shall consult the Registrar General.
An expression used in section 19 or this section and in Part III of the Marriage Act 1949 (c. 76) has the same meaning in section 19 or this section as in that Part.
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amending section 19, this section or section 25 in consequence of other provision of the order, or
repealing section 19, this section and section 25 and re-enacting them with modifications consequential upon other provision of the order.
This section applies to a marriage which is intended to be solemnised in Scotland unless each party to the marriage falls within exception A or exception B.
which is intended to be solemnised in Scotland, and
a party to which is subject to immigration control.
In relation to a marriage to which this section applies, notice under section 3 of the Marriage (Scotland) Act 1977 (c. 15)—
may be submitted to the district registrar of a registration district prescribed for the purposes of this section, and
may not be submitted to the district registrar of any other registration district.
A party to the marriage falls within exception A if the person is a relevant national.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom,
has the written permission of the Secretary of State to marry in the United Kingdom, or
falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State.
A party to the marriage falls within exception B if—
the person is exempt from immigration control, and
the notice of intention to marry submitted under section 3 of the Marriage (Scotland) Act 1977 is accompanied by the specified evidence required by section 3B(1) of that Act that the person is exempt from immigration control.
Where the district registrar to whom notice is submitted by virtue of subsection (2) (here the “notified registrar”) is not the district registrar for the registration district in which the marriage is to be solemnised (here the “second registrar”)—
the notified registrar shall... send the notices and any fee, certificate or declaration which accompanied themsubmitted in pursuance of section 3 of the Marriage (Scotland) Act 1977 (c. 15) in relation to the marriage , to the second registrar, and
the second registrar shall be treated as having received the notices from the parties to the marriage on the dates on which the notified registrar received them.
In this section—
“relevant national” has the same meaning as in section 62 of the Immigration Act 2014,
a reference to a person being exempt from immigration control is to be construed in accordance with section 49 of that Act.
The Marriage (Scotland) Act 1977 shall have effect in relation to a marriage to which section 21 applies—
subject to that section, and
with any necessary consequential modification.
In subsection (2)(a) of that section “prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Registrar General for Scotland; and other expressions used in subsections (1) to (4) of that section and in the Marriage (Scotland) Act 1977 have the same meaning in those subsections as in that Act.
Regulations made by of the Secretary of State under subsection (2)(a) ... of that section—
may make transitional provision,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to a marriage which is intended to be solemnised in Northern Ireland unless each party to the marriage falls within exception A or exception B.
which is intended to be solemnised in Northern Ireland, and
a party to which is subject to immigration control.
In relation to a marriage to which this section applies, the marriage notices—
shall be given only to a prescribed registrar, and
shall, in prescribed cases, be given by both parties together in person at a prescribed register office.
A party to the marriage falls within exception A if the person is a relevant national.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom,
has the written permission of the Secretary of State to marry in the United Kingdom, or
falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State.
A party to the marriage falls within exception B if—
the person is exempt from immigration control, and
the notice of intention to marry is accompanied by the specified evidence required by Article 3B(1) of the Marriage (Northern Ireland) Order 2003 that the person is exempt from immigration control.
... if the prescribed registrar is not the registrar for the purposes of Article 4 of that Order, the prescribed registrar shall send him the marriage notices and he shall be treated as having received them from the parties to the marriage on the dates on which the prescribed registrar received them.
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In this section—
“relevant national” has the same meaning as in section 62 of the Immigration Act 2014;
he is not an EEA national, and
under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given),
a reference to a person being exempt from immigration control is to be construed in accordance with section 49 of that Act;
“notice of intention to marry” means a notice of intention to marry given under Article 3(1) of the Marriage (Northern Ireland) Order 2003.
“specified evidence” means such evidence as may be specified in guidance issued by the Secretary of State after consulting the Registrar General for Northern Ireland.
The Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) shall have effect in relation to a marriage to which section 23 applies—
subject to section 23, and
with any necessary consequential modification.
In section 23 “prescribed” means prescribed for the purposes of that section by regulations made by the Secretary of State after consulting the Registrar General for Northern Ireland and other expressions used in that section or this section and the Marriage (Northern Ireland) Order 2003 have the same meaning in section 23 or this section as in that Order.
Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to section 23 as if that section were an enactment within the meaning of that Act.
Regulations of the Secretary of State under section 23—
may make transitional provision,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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The Secretary of State may make regulations requiring a person seeking permission under section 19(3)(b), 21(3)(b) or 23(3)(b)—
to make an application in writing, and
to pay a fee.
The regulations shall, in particular, specify—
the information to be contained in or provided with the application,
the amount of the fee, and
how and to whom the fee is to be paid.
The regulations may, in particular, make provision—
excepting a specified class of persons from the requirement to pay a fee;
permitting a specified class of persons to pay a reduced fee;
for the refund of all or part of a fee in specified circumstances.
Regulations under this section—
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: adjudicators) substitute—
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The following provisions of that Act shall cease to have effect—
sections 100 to 103 (Immigration Appeal Tribunal), and
Schedule 5(Immigration Appeal Tribunal).
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Schedule 2 (which makes amendments consequential on this section, and transitional provision) shall have effect.
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section 103A(3)(a), (b) or (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (review of Tribunal’s decision) (as inserted by subsection (6) above), or
paragraph 30(5)(b) of Schedule 2 to this Act.
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may make provision generally or only for specified cases or circumstances,
may make different provision for different cases or circumstances,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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the Lord Chief Justice, if the order affects proceedings in England and Wales,
the Lord President of the Court of Session, if the order affects proceedings in Scotland, and
the Lord Chief Justice of Northern Ireland, if the order affects proceedings in Northern Ireland.
Section 94 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (no appeal from within United Kingdom for unfounded human rights or asylum claim) shall be amended as follows.
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In subsection (4) omit paragraphs (a) to (j).
After subsection (5) insert—
For subsection (6) substitute—
After subsection (6) insert—
After section 112(5) of that Act (orders, &c.) insert—
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After section 88 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: ineligibility) insert—
In section 112 of that Act (regulations, &c.) after subsection (3) insert—
Section 96 of the Nationality, Immigration and Asylum Act 2002 (earlier right of appeal) shall be amended as follows.
For subsections (1) to (3) substitute—
In subsection (5) for “Subsections (1) to (3) apply to prevent or restrict” substitute “ Subsections (1) and (2) apply to prevent ”.
At the end add—
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At the end of section 24 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (suspected international terrorist: bail by Special Immigration Appeals Commission) add—
In section 27(5) and (6) of the Anti-terrorism, Crime and Security Act 2001 (suspected international terrorist: Special Immigration Appeals Commission: procedure) for “section 25 or 26 of this Act” substitute “section 24, 25 or 26 of this Act”.
Schedule 3 (which concerns the removal of persons claiming asylum to countries known to protect refugees and to respect human rights) shall have effect.
Sections 11 and 12 of the Immigration and Asylum Act 1999 (c. 33) (removal of asylum claimant to country under standing or other arrangements) shall cease to have effect.
The following provisions of the Nationality, Immigration and Asylum Act 2002 (c. 41) shall cease to have effect—
section 80 (new section 11 of 1999 Act), and
section 93 (appeal from within United Kingdom: “third country” removal).
In paragraph 2(1) of Schedule 3 to the Immigration Act 1971 (c. 77) (detention pending deportation on recommendation by court) for the words “and that person is neither detained in pursuance of the sentence or order of any court nor for the time being released on bail by any court having power so to release him” substitute “ and that person is not detained in pursuance of the sentence or order of any court ”.
In paragraph 2(2) of that Schedule (detention following notice of deportation) for the words “and he is neither detained in pursuance of the sentence or order of a court nor for the time being released on bail by a court having power so to release him” substitute “ and he is not detained in pursuance of the sentence or order of a court ”.
The Secretary of State may require a person to take specified action if the Secretary of State thinks that—
the action will or may enable a travel document to be obtained by or for the person, and
possession of the travel document will facilitate the person’s deportation or removal from the United Kingdom.
In particular, the Secretary of State may require a person to—
provide information or documents to the Secretary of State or to any other person;
obtain information or documents;
provide biometric information (within the meaning of section 15 of the UK Borders Act 2007), or submit to a process by means of which such information is obtained or recorded;
make, or consent to or cooperate with the making of, an application to a person acting for the government of a State other than the United Kingdom;
cooperate with a process designed to enable determination of an application;
complete a form accurately and completely;
attend an interview and answer questions accurately and completely;
make an appointment.
A person commits an offence if he fails without reasonable excuse to comply with a requirement of the Secretary of State under subsection (1).
A person guilty of an offence under subsection (3) shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.
If a constable or an immigration officer reasonably suspects that a person has committed an offence under subsection (3) he may arrest the person without warrant.
An offence under subsection (3) shall be treated as—
a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and
an offence under Part III of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.
In subsection (1)—
While sections 11 and 12 of the Immigration and Asylum Act 1999 continue to have effect, the reference in subsection (7)(c) above to Schedule 3 to this Act shall be treated as including a reference to those sections.
In so far as subsection (3) extends to England and Wales, subsection (4)(b) shall, until 2 May 2022, have effect as if the reference to the general limit in a magistrates’ court were a reference to six months.
In so far as subsection (3) extends to Scotland, subsection (4)(b) shall have effect as if the reference to twelve months were a reference to six months.
Schedule 2 to the Immigration Act 1971 (control on entry) (including a provision of that Schedule as applied by another provision of the Immigration Acts),
In so far as subsection (3) extends to Northern Ireland, subsection (4)(b) shall have effect as if the reference to twelve months were a reference to six months.
section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom), or
Schedule 3 to this Act.
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In this section—
“residence restriction” means a restriction as to residence imposed under—
paragraph 21 of Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry) (including that paragraph as applied by another provision of the Immigration Acts), or
Schedule 3 to that Act (deportation),
“reporting restriction” means a requirement to report to a specified person imposed under any of those provisions,
“employment restriction” means a restriction as to employment or occupation imposed under any of those provisions, and
“immigration bail” means—
release under a provision of the Immigration Acts on entry into a recognizance or bail bond,
bail granted in accordance with a provision of the Immigration Acts by a court, a justice of the peace, the sheriff, the Asylum and Immigration Tribunal, the Secretary of State or an immigration officer (but not by a police officer), and
bail granted by the Special Immigration Appeals Commission.
Where a residence restriction is imposed on an adult—
he may be required to cooperate with electronic monitoring, and
failure to comply with a requirement under paragraph (a) shall be treated for all purposes of the Immigration Acts as failure to observe the residence restriction.
Where a reporting restriction could be imposed on an adult—
he may instead be required to cooperate with electronic monitoring, and
the requirement shall be treated for all purposes of the Immigration Acts as a reporting restriction.
Immigration bail may be granted to an adult subject to a requirement that he cooperate with electronic monitoring; and the requirement may (but need not) be imposed as a condition of a recognizance or bail bond.
In this section a reference to requiring an adult to cooperate with electronic monitoring is a reference to requiring him to cooperate with such arrangements as the person imposing the requirement may specify for detecting and recording by electronic means the location of the adult, or his presence in or absence from a location—
at specified times,
during specified periods of time, or
throughout the currency of the arrangements.
In particular, arrangements for the electronic monitoring of an adult—
may require him to wear a device;
may require him to make specified use of a device;
may prohibit him from causing or permitting damage of or interference with a device;
may prohibit him from taking or permitting action that would or might prevent the effective operation of a device;
may require him to communicate in a specified manner and at specified times or during specified periods of time;
may involve the performance of functions by persons other than the person imposing the requirement to cooperate with electronic monitoring (and those functions may relate to any aspect or condition of a residence restriction, of a reporting restriction, of an employment restriction, of a requirement under this section or of immigration bail).
In this section “adult” means an individual who is at least 18 years old.
The Secretary of State—
may make rules about arrangements for electronic monitoring for the purposes of this section, and
when he thinks that satisfactory arrangements for electronic monitoring are available in respect of an area, shall notify persons likely to be in a position to exercise power under this section in respect of the area.
Rules under subsection (8)(a) may, in particular, require that arrangements for electronic monitoring impose on a person of a specified description responsibility for specified aspects of the operation of the arrangements.
A requirement to cooperate with electronic monitoring—
shall comply with rules under subsection (8)(a), and
may not be imposed in respect of an adult who is or is expected to be in an area unless the person imposing the requirement has received a notification from the Secretary of State under subsection (8)(b) in respect of that area.
Rules under subsection (8)(a)—
may include incidental, consequential or transitional provision,
may make provision generally or only in relation to specified cases, circumstances or areas,
shall be made by statutory instrument, and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Before the commencement of section 26 a reference in this section to the Asylum and Immigration Tribunal shall be treated as a reference to—
a person appointed, or treated as if appointed, as an adjudicator under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals), and
the Immigration Appeal Tribunal.
For section 84(2) and (3) of the Immigration and Asylum Act 1999 (c. 33) (person qualified to provide immigration services) substitute—
In section 85(1) of that Act (registration by the Commissioner) omit “and (b)”.
In section 89 of that Act (disciplinary charge upheld by Immigration Services Tribunal)—
for subsections (2) and (3) substitute—, and
in subsection (8) for “employed by him or working” substitute “ acting on his behalf or ”.
In section 90(4) of that Act (orders by disciplinary bodies) for “works under the supervision of” substitute “ is acting on behalf of ”.
In Schedule 5 to that Act (Immigration Services Commissioner)—
for paragraph 1(1)(b) substitute—,
for paragraph 1(3)(b) substitute—,
for paragraph 3(3)(b) substitute—,
for paragraph 4(1)(b) substitute—,
in paragraph 5(3)(b) for “employed by, or working under the supervision of,” substitute “ acting on behalf of ”,
for paragraph 5(3)(e) substitute—,
for paragraph 6(3)(c) substitute—,
in paragraphs 9(1)(a) and (b) for “or a person employed by, or working under the supervision of,” substitute “ or is acting on behalf of ”,
for paragraph 9(1)(c) substitute—,
for paragraphs 9(3)(a) and (b) substitute—, and
for paragraphs 9(4)(b) to (d) substitute—.
In Schedule 6 to that Act (registration)—
in paragraph 1(1) omit “or (b)”, and
in paragraph 3(7)(a) for “section 89(3)(b)” substitute “ section 89(2)(b) ”.
After section 92 of the Immigration and Asylum Act 1999 (c. 33) (offences: enforcement) insert—
In paragraph 7 of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) (investigation of complaints, &c.: power of entry)—
in sub-paragraph (1)(b) after “(b)” insert “ , (c) ”,
in sub-paragraph (1)(c) for “registered person.” substitute “ registered or exempt person. ”,
in sub-paragraph (1A)(a) after “(b)” insert “ , (c) ”,
in sub-paragraph (1A)(b) for “registered person.” substitute “ registered or exempt person. ”, and
after sub-paragraph (8) insert—
After section 92A of the Immigration and Asylum Act 1999 (c. 33) (inserted by section 38 above) insert—
Section 87(3)(f) of the Immigration and Asylum Act 1999 (c. 33) (appeal to Tribunal against deferral of decision) shall cease to have effect.
Section 86 of the Immigration and Asylum Act 1999 (designated professional bodies) shall be amended as follows.
For subsection (2) substitute—
For subsection (9)(b) substitute—
After subsection (9) insert—
In section 166(2) of the Immigration and Asylum Act 1999 (c. 33) (regulations and orders) after “in relation to” insert “ orders made under section 90(1), ”.
The report must, in particular, set out the Commissioner’s opinion as to the extent to which each designated professional body has—
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exceed the administrative costs of determining the application or undertaking the process, and
reflect benefits that the Secretary of State thinks are likely to accrue to the person who makes the application, to whom the application relates or by or for whom the process is undertaken, if the application is successful or the process is completed.
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section 41(2) of the British Nationality Act 1981 (c. 61) (fees for applications, &c. under that Act),
section 5(1)(a) and (b) of the Immigration and Asylum Act 1999 (fees for application for leave to remain, &c.), and
sections 10 and 122 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (certificate of entitlement to right of abode; and fees for work permit, &c.).
An Order in Council under section 1 of the Consular Fees Act 1980 (c. 23) (fees) which prescribes a fee in relation to an application for the issue of a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 (right of abode: certificate of entitlement) may prescribe an amount which is intended to—
exceed the administrative costs of determining the application, and
reflect benefits that in the opinion of Her Majesty in Council are likely to accrue to the applicant if the application is successful.
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Where an instrument prescribes a fee in reliance on this section it may include provision for the refund, where an application is unsuccessful or a process is not completed, of that part of the fee which is intended to reflect the matters specified in subsection ... (3)(b).
Provision included by virtue of subsection (4)—
may determine, or provide for the determination of, the amount to be refunded;
may confer a discretion on the Secretary of State or another person (whether in relation to determining the amount of a refund or in relation to determining whether a refund should be made).
The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (3B) may be set so as to reflect costs referable to the exercise of any function in respect of which the Secretary of State has made an order under section 68 of the Immigration Act 2014.
An instrument may not be made in reliance on this section unless the Secretary of State has consulted with such persons as appear to him to be appropriate.
The matters are—
the determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),
the determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, or
the determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section 10 of the Nationality, Immigration and Asylum Act 2002.
An instrument may not be made in reliance on this section unless a draft has been laid before and approved by resolution of each House of Parliament ....
This section is without prejudice to the power to make an order under section 102 of the Finance ( No. 2) Act 1987 (c. 51) (government fees and charges) in relation to a power under a provision specified in this section.
Section 5 of the Immigration and Asylum Act 1999 (c. 33) (charges) shall be amended as follows.
For subsection (1)(c) (transfer of indefinite leave stamp to new document) substitute—
For subsection (5) substitute—
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A reference to “the Immigration Acts” is to—
the Immigration Act 1971 (c. 77),
the Immigration Act 1988 (c. 14),
the Asylum and Immigration Appeals Act 1993 (c. 23),
the Asylum and Immigration Act 1996 (c. 49),
the Immigration and Asylum Act 1999,
the Nationality, Immigration and Asylum Act 2002 (c. 41), and
this Act.
This section has effect in relation to a reference in this Act or any other enactment (including an enactment passed or made before this Act).
For section 158(1) and (2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) substitute—
In the following provisions for “section 158 of the Nationality, Immigration and Asylum Act 2002” substitute “section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004”—
section 32(5) of the Immigration Act 1971 (c. 77), and
section 167(1) of the Immigration and Asylum Act 1999 (c. 33).
In this Act “immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown in connection with this Act, and
any increase attributable to this Act in the sums payable under any other enactment out of money provided by Parliament.
The enactments listed in Schedule 4 are hereby repealed to the extent specified.
Sections 2, 32(2) and 35 shall come into force at the end of the period of two months beginning with the date on which this Act is passed.
Section 32(1) shall have effect in relation to determinations of the Special Immigration Appeals Commission made after the end of the period of two months beginning with the date on which this Act is passed.
The other preceding provisions of this Act shall come into force in accordance with provision made—
in the case of section 26 or Schedule 1 or 2, by order of the Lord Chancellor,
in the case of sections 4 and 5 in so far as they extend to Scotland, by order of the Scottish Ministers, and
in any other case, by order of the Secretary of State.
An order under subsection (3)—
may make transitional or incidental provision,
may make different provision for different purposes, and
shall be made by statutory instrument.
Transitional provision under subsection (4)(a) in relation to the commencement of section 26 may, in particular, make provision in relation to proceedings which, immediately before commencement—
are awaiting determination by an adjudicator appointed, or treated as if appointed, under section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41),
are awaiting determination by the Immigration Appeal Tribunal,
having been determined by an adjudicator could be brought before the Immigration Appeal Tribunal,
are awaiting the determination of a further appeal brought in accordance with section 103 of that Act,
having been determined by the Immigration Appeal Tribunal could be brought before another court by way of further appeal under that section,
are or could be made the subject of an application under section 101 of that Act (review of decision on permission to appeal to Tribunal), or
are or could be made the subject of another kind of application to the High Court or the Court of Session.
Provision made under subsection (5) may, in particular—
provide for the institution or continuance of an appeal of a kind not generally available after the commencement of section 26,
provide for the termination of proceedings, or
make any other provision that the Lord Chancellor thinks appropriate.
This Act extends (subject to subsection (2)) to—
England and Wales,
Scotland, and
Northern Ireland.
An amendment effected by this Act has the same extent as the enactment, or as the relevant part of the enactment, amended (ignoring extent by virtue of an Order in Council).
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.
This Act may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.