Statement by the Delegation of the Russian Federation in response to the report by the Head of the OSCE Mission to Serbia, Ambassador Andrea Orizio
Part 2 of the British Nationality Act 1981 (British overseas territories citizenship) is amended as follows.
After section 17, insert—
In section 25 (meaning of British overseas territories citizen “by descent”), in subsection (1), after paragraph (c) insert—.
Part 2 of the British Nationality Act 1981 (British overseas territories citizenship) is amended as follows.
After section 17A (as inserted by section 1), insert—
In section 25 (meaning of British overseas territories citizen “by descent”), in subsection (1), after paragraph (ca) (as inserted by section 1), insert—.
In Part 5 of that Act (miscellaneous and supplementary), in section 41A (registration: requirement to be of good character), after subsection (2) insert—
In Part 2 of the British Nationality Act 1981 (British overseas territories citizenship), after section 17G (as inserted by section 2), insert—
Part 1 of the British Nationality Act 1981 (British citizenship) is amended as follows.
After section 4J, insert—
In section 14 (meaning of British citizen “by descent”), in subsection (1), after paragraph (da) insert—.
In Part 5 of that Act (miscellaneous and supplementary), in section 41A (registration: requirement to be of good character), after subsection (2A) (inserted by section 2) insert—
In section 17 of the British Nationality Act 1981 (acquisition of British overseas territories citizenship by registration: minors)—
in subsection (2), for “within the period of twelve months from the date of the birth” substitute “while the person is a minor”;
omit subsection (4).
In section 41A of that Act (registration: good character requirement), in subsection (2), after “17(1)” insert “, (2)”.
The British Nationality Act 1981 is amended as follows.
In section 4C (acquisition by registration: certain persons born before 1983), for subsection (3D) substitute—
In section 4I (other person unable to become citizen at commencement), after subsection (1) insert—
The British Nationality Act 1981 is amended as follows.
In section 4E (the general conditions)—
omit paragraph (a) (requirement that applicant was born before 1 July 2006);
in paragraph (c), after “1990” insert “or under section 35 or 36 of the Human Fertilisation and Embryology Act 2008”;
after paragraph (c) (but before the “and”) insert—.
In section 4F (person unable to be registered under other provisions of this Act), in subsection (1)(b), after sub-paragraph (iii) insert—.
In section 41A (registration: requirement to be of good character), in subsection (1A), for “or 3(5)” substitute “, 3(5) or 4D”.
The British Nationality Act 1981 is amended as follows.
After section 4K (as inserted by section 4) insert—
After section 17H (as inserted by section 3), insert—
Schedule 1 amends the British Nationality Act 1981 to allow the Secretary of State to waive the requirement that a person must have been in the United Kingdom or a relevant territory at the start of the relevant period, in relation to an application for citizenship under—
section 4 of that Act (acquisition of British citizenship by registration: British overseas territories citizens etc),
section 6 of that Act (acquisition of British citizenship by naturalisation), or
section 18 of that Act (acquisition of British overseas territories citizenship by naturalisation).
Schedule 1 also amends the British Nationality Act 1981 to allow the Secretary of State to treat a person who has indefinite leave to enter or remain as meeting certain residence requirements in relation to an application for citizenship under those sections.
In the Borders, Citizenship and Immigration Act 2009—
omit sections 39, 40, 41(1) to (3) and 49(2) and (3) (uncommenced provisions relating to requirements for naturalisation as a British citizen);
in section 41(4), for “that section” substitute “section 41 of the British Nationality Act 1981 (regulations)”.
In the Citizenship (Armed Forces) Act 2014, in section 1, omit subsection (4) (amendments to section 39 of the Borders, Citizenship and Immigration Act 2009).
In this section, “the 1981 Act” means the British Nationality Act 1981.
In section 40 of the 1981 Act (deprivation of citizenship), after subsection (5) (which requires notice to be given to a person to be deprived of citizenship) insert—
In section 40A of the 1981 Act (appeals against deprivation of citizenship)—
for subsection (1) substitute—
after subsection (2) insert—
After Schedule 4 to the 1981 Act insert the Schedule 4A set out in Schedule 2.
In the British Nationality (General) Regulations 2003 (S.I. 2003/548), in regulation 10 (notice of proposed deprivation of citizenship), omit paragraph (4).
A failure to comply with the duty under section 40(5) of the 1981 Act in respect of a pre-commencement deprivation order does not affect, and is to be treated as never having affected, the validity of the order.
In subsection (6), “pre-commencement deprivation order” means an order made or purportedly made under section 40 of the 1981 Act before the coming into force of subsections (2) to (5) (whether before or after the coming into force of subsection (6)).
A person may appeal against a decision to make an order to which subsection (6) applies as if notice of the decision had been given to the person under section 40(5) of the 1981 Act on the day on which the order was made or purportedly made.
Schedule 2 to the British Nationality Act 1981 (provisions for reducing statelessness) is amended as follows.
In the heading before paragraph 3, after “Persons” insert “aged 18 to 22”.
In paragraph 3 (persons born in the United Kingdom or a British overseas territory after commencement), in sub-paragraph (1)(b) after “he” insert “had attained the age of eighteen but”.
After paragraph 3 insert—
In paragraph 6 (supplementary), after “paragraph 3” insert “, 3A”.
For the purposes of this section—
a refugee is a Group 1 refugee if they have complied with both of the requirements set out in subsection (2) and, where applicable, the additional requirement in subsection (3);
otherwise, a refugee is a Group 2 refugee.
The requirements in this subsection are that— Subsections (1) to (3) of section 37 apply in relation to the interpretation of paragraphs (a) and (b) as they apply in relation to the interpretation of those requirements in Article 31(1) of the Refugee Convention.
they have come to the United Kingdom directly from a country or territory where their life or freedom was threatened (in the sense of Article 1 of the Refugee Convention), and
they have presented themselves without delay to the authorities.
Where a refugee has entered or is present in the United Kingdom unlawfully, the additional requirement is that they can show good cause for their unlawful entry or presence.
For the purposes of subsection (3), a person’s entry into or presence in the United Kingdom is unlawful if they require leave to enter or remain and do not have it.
The Secretary of State or an immigration officer may treat Group 1 and Group 2 refugees differently, for example in respect of—
the length of any period of limited leave to enter or remain which is given to the refugee;
the requirements that the refugee must meet in order to be given indefinite leave to remain;
whether a condition under section 3(1)(c)(ii) of the Immigration Act 1971 (no recourse to public funds) is attached to any period of limited leave to enter or remain that is given to the refugee;
whether leave to enter or remain is given to members of the refugee’s family.
The Secretary of State or an immigration officer may also treat the family members of Group 1 and Group 2 refugees differently, for example in respect of—
whether to give the person leave to enter or remain;
the length of any period of limited leave to enter or remain which is given to the person;
the requirements that the person must meet in order to be given indefinite leave to remain;
whether a condition under section 3(1)(c)(ii) of the Immigration Act 1971 (no recourse to public funds) is attached to any period of limited leave to enter or remain that is given to the person.
But subsection (6) does not apply to family members who are refugees themselves.
Immigration rules may include provision for the differential treatment allowed for by subsections (5) and (6).
In this section—
“limited leave” and “indefinite leave” have the same meaning as in the Immigration Act 1971 (see section 33 of that Act);
“act” includes an omission;
In section 97 of the Immigration and Asylum Act 1999 (support for asylum-seekers: supplemental matters), after subsection (3) insert—
In section 97(3A) of the Immigration and Asylum Act 1999 (as inserted by subsection (1))—
in the words before paragraph (a)—
for “section 4 (accommodation for failed asylum seekers)” substitute “section 95A (support for failed asylum seekers)”;
for “persons supported under those sections” substitute “supported persons”;
in paragraph (a), for “claim for asylum” substitute “protection claim”;
in paragraph (b)—
for sub-paragraph (iii) substitute—;
at the end insert—
In section 98 of that Act (temporary support for asylum-seekers etc), at the end insert—
In section 98A of that Act (temporary support for failed asylum-seekers etc), at the end insert—
See also section 97(3A) of the Immigration and Asylum Act 1999 (decision on type of accommodation for asylum-seekers etc).
In section 22 of that Act—
after “95” insert “or 98”;
for “(destitute asylum-seeker)” substitute “(support and temporary support for asylum-seekers)”;
in the heading, for “s. 95” substitute “sections 95 and 98”.
After section 22 of that Act, insert—
See also section 98(4) of the Immigration and Asylum Act 1999 (decision on type of accommodation for asylum-seekers etc).
In section 25 of that Act (length of stay in accommodation centre), in subsection (4), for “shorter” substitute “different”.
In section 27 of that Act (resident of centre), after paragraph (b) insert—.
An asylum claim must be made in person at a designated place.
A “designated place” means any of the following places in the United Kingdom—
a place identified in a notice published by the Secretary of State as an asylum intake unit;
a removal centre (within the meaning of section 147 of the Immigration and Asylum Act 1999);
a port (within the meaning of section 33 of the Immigration Act 1971);
a place where there is a person present who, for the purposes of the immigration rules, is authorised to accept an asylum claim on behalf of the Secretary of State;
a place to which the claimant has been directed by the Secretary of State or an immigration officer to make the claim;
such other place, or a place of such other description, as the Secretary of State may by regulations designate.
The Nationality, Immigration and Asylum Act 2002 is amended in accordance with subsections (4) and (5).
In section 18(1)(c) omit “at a place designated by the Secretary of State”.
In section 113(1), in the definition of “asylum claim”, omit “at a place designated by the Secretary of State”.
In this section “asylum claim” means a claim made in accordance with the immigration rules by a person to the Secretary of State that to remove the person from, or require the person to leave, the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention.
The reference to the United Kingdom in subsection (2), so far as it has effect for the purposes of paragraph (d) of that subsection, does not include a reference to the territorial sea of the United Kingdom.
Regulations under subsection (2)(f) are subject to negative resolution procedure.
After Part 4 of the Nationality, Immigration and Asylum Act 2002 insert—
In consequence of the amendment made by subsection (1), in regulation 4(4)(d) of the Asylum Support Regulations 2000 (S.I. 2000/704) (persons excluded from support), for “under the immigration rules” substitute “(see section 80A of the Nationality, Immigration and Asylum Act 2002)”.
In Part 4A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section 15), after section 80A insert—
The Immigration and Asylum Act 1999 is amended in accordance with subsections (2) and (3).
If paragraph 1 of Schedule 11 to the Immigration Act 2016, which repeals section 4 of the 1999 Act, is not yet in force on the day this section comes into force, in subsection (2)(b) of that section, after “was rejected” insert “or declared inadmissible (see sections 80A and 80B of the Nationality, Immigration and Asylum Act 2002)”.
In section 94 (interpretation of Part 6: support for asylum-seekers etc), after subsection (4) insert—
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
In section 18 (asylum-seeker: definition), after subsection (1) insert—
In section 21 (sections 17 to 20: supplementary), in subsection (3)(a), at the end insert “or (as the case may be) of the declaration of inadmissibility under section 80A or 80B”.
For the purposes of the definition of “asylum-seeker” in sub-paragraph (1), a claim is also determined if the Secretary of State has notified the claimant that it has been declared inadmissible under section 80A or 80B. But if a claim is— the claim ceases to be treated as determined from the time of the decision to consider the claim.
The Secretary of State or an immigration officer may serve an evidence notice on a person who has made a protection claim or a human rights claim.
An “evidence notice” is a notice requiring the recipient to provide, before the specified date, any evidence in support of the claim.
Subsection (5) applies if the recipient of an evidence notice provides the Secretary of State or an immigration officer with evidence in support of the claim on or after the specified date.
Subsection (5) also applies if the recipient of an evidence notice provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with evidence in support of the claim where the evidence—
should have been provided in response to the evidence notice but was not, and
is provided on or after the specified date.
The recipient must also provide a statement setting out their reasons for not providing the evidence before the specified date (and see section 26 of this Act and section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004).
In this section, “specified date” means the date specified in an evidence notice.
Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended in accordance with subsections (2) to (6).
After subsection (1) insert—
After subsection (3) insert—
After subsection (6) insert—
In subsection (7), at the appropriate places insert—; ; .
After subsection (9A) insert—
The amendments made by this section apply in relation to a determination mentioned in section 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 only where— on or after the day on which this section comes into force.
the asylum claim or human rights claim to which the determination relates was made, or
if the determination is made in appeal proceedings, the appeal was brought,
The Secretary of State or an immigration officer may serve a person who is liable to removal or deportation from the United Kingdom with a priority removal notice.
A person who receives such a notice is referred to in this section as the “PRN recipient”.
A priority removal notice is a notice—
requiring the PRN recipient to provide to the Secretary of State (and any other competent authority specified in the notice)—
a statement setting out the matters described in section 120(2)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (reasons and grounds for application etc),
any relevant status information (within the meaning given by section 58(3)), and
any evidence in support of the matters mentioned in sub-paragraphs (i) and (ii), and
setting out the date (the “PRN cut-off date”) before which the PRN recipient must comply with that requirement.
The requirement in subsection (3)(a) does not apply in relation to anything that the PRN recipient has previously provided to the Secretary of State or any other competent authority.
Subsection (7) applies if the PRN recipient provides the Secretary of State or any other competent authority with any statement, information or evidence mentioned in subsection (3)(a) on or after the PRN cut-off date.
Subsection (7) also applies if the PRN recipient provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with any statement, information or evidence mentioned in subsection (3)(a) that—
should have been provided in response to the priority removal notice but was not, and
is provided on or after the PRN cut-off date.
The PRN recipient must also provide a statement setting out their reasons for not providing the statement, information or evidence before the PRN cut-off date (and see sections 22 and 26).
For the purposes of this section, a person is “liable to removal or deportation from the United Kingdom” if they are liable to—
removal under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom), or
deportation under section 3(5) or (6) of the Immigration Act 1971 (deportation of foreign nationals where conducive to the public good or on conviction of offence punishable with imprisonment etc).
In this section “competent authority” has the same meaning as in Part 5 (see section 69).
A priority removal notice remains in force until the end of the period of 12 months beginning with— See section 82A of the Nationality, Immigration and Asylum Act 2002 (the “2002 Act”) for the consequences of a priority removal notice being in force.
the PRN cut-off date, or
if later, the day on which any appeal rights of the PRN recipient in respect of a relevant claim are exhausted.
In subsection (1) “relevant claim” means a protection claim or a human rights claim brought by the PRN recipient while the priority removal notice is in force.
For the purposes of subsection (1), the PRN recipient’s appeal rights in respect of a claim are exhausted at the time when—
the PRN recipient’s claim has been determined,
the PRN recipient could not bring an appeal in respect of the claim under section 82 of the 2002 Act (ignoring any possibility of an appeal out of time with permission), and
no appeal brought by the PRN recipient is pending within the meaning of section 104 of that Act.
A priority removal notice remains in force until the end of the period mentioned in subsection (1) even if the PRN recipient ceases to be liable to removal or deportation from the United Kingdom during that period.
A priority removal notice may not be served on a person in relation to whom such a notice is already in force (but this does not prevent a further notice from being served once the previous notice ceases to be in force as mentioned in subsection (1)).
Subsection (7) applies if the PRN recipient has previously been served with—
an evidence notice under section 18,
a slavery or trafficking information notice under section 58, or
a notice under section 120 of the 2002 Act (requirement to provide reasons and grounds).
The previous notice ceases to have effect on the service of the priority removal notice.
Expressions used in this section that are defined for the purposes of section 20 have the same meaning in this section as in that section.
This section applies where—
a PRN recipient provided material in response to the priority removal notice served on them,
the material was provided late, and
a relevant decision is being made.
This section also applies where—
a PRN recipient provided material to the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) or the Special Immigration Appeals Commission,
the material should have been provided in response to the priority removal notice served on the PRN recipient but was not,
the material was provided late, and
a relevant decision is being made.
A “relevant decision” is being made if—
a protection claim or a human rights claim made by the PRN recipient is being considered, or
a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the PRN recipient (decisions concerning status as victim of slavery or human trafficking).
In determining whether to believe a statement made by or on behalf of the PRN recipient, a deciding authority must take account, as damaging the PRN recipient’s credibility, of the late provision of the material, unless there are good reasons why it was provided late.
Tribunal Procedure Rules must secure that, where the First-tier Tribunal or the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) is making a decision that disposes of proceedings, it must include, as part of its reasons for the decision, a statement explaining—
whether it considers that this section applies, and
if it considers that this section does apply, how, in making its decision, it has taken account of the fact that the PRN recipient provided the material late.
Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the Special Immigration Appeals Commission is making a decision that determines proceedings, it must include, as part of its reasons for the decision, a statement explaining the matters mentioned in subsection (5)(a) and (b).
For the purposes of this section, material is provided “late” by the PRN recipient if it is provided on or after the PRN cut-off date.
In subsection (4) “deciding authority”—
in relation to a decision mentioned in subsection (3)(a) means—
the Secretary of State,
an immigration officer,
the First-tier Tribunal,
the Upper Tribunal in the circumstances described in subsection (9), or
the Special Immigration Appeals Commission;
in relation to a decision mentioned in subsection (3)(b), means the competent authority.
The circumstances are when the Upper Tribunal is acting—
under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), or
in relation to—
an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or
an expedited related appeal within the meaning of section 24 that involves a protection claim or a human rights claim.
In this section—
“entry clearance” has the same meaning as in the Immigration Act 1971 (see section 33(1) of that Act);
section 82 of the 2002 Act, or
“priority removal notice”, “PRN cut-off date”, “PRN recipient” and “relevant status information” have the same meanings as in section 20.
Section 26 makes further provision about the effect of a PRN recipient providing evidence late.
After section 82 of the Nationality, Immigration and Asylum Act 2002 insert—
In section 13(8) of the Tribunals, Courts and Enforcement Act 2007 (decisions excluded from right to appeal to the Court of Appeal), after paragraph (b) insert—.
Schedule 3 makes amendments consequential on this section.
For the purposes of this section, an “expedited section 82 appeal” is an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002 (expedited appeals for claims brought on or after PRN cut-off date).
For the purposes of this section, a “related appeal” is an appeal under any of the following—
section 82(1) of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims), other than one which is an expedited section 82 appeal;
section 40A of the British Nationality Act 1981 (appeal against deprivation of citizenship);
the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (appeal rights in respect of EU citizens’ rights immigration decisions etc);
regulation 36 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals against EEA decisions) as it continues to have effect following its revocation.
If a person brings an expedited section 82 appeal at a time when a related appeal brought by that person is pending before the First-tier Tribunal, the related appeal is, from that time, to be continued as an appeal to the Upper Tribunal and accordingly is to be transferred to the Upper Tribunal.
If an expedited section 82 appeal brought by a person is pending, any right that the person would otherwise have to bring a related appeal to the First-tier Tribunal is instead a right to bring it to the Upper Tribunal.
A related appeal within subsection (3) or brought to the Upper Tribunal as mentioned in (4) is referred to in this section as an “expedited related appeal”.
Tribunal Procedure Rules must make provision with a view to securing that the Upper Tribunal consolidates an expedited related appeal and the expedited section 82 appeal concerned or hears them together (and see section 82A(4) of the Nationality, Immigration and Asylum Act 2002).
Tribunal Procedure Rules must secure that the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in the case of a particular expedited related appeal, order that the appeal is to be continued as an appeal to the First-tier Tribunal and accordingly is to be transferred to that Tribunal.
For the purposes of this section, an appeal is “pending”—
in the case of an appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 (including an expedited section 82 appeal), if it is pending within the meaning of section 104 of that Act;
in the case of an appeal under section 40A of the British Nationality Act 1981, during the period—
beginning when it is instituted, and
ending when it is finally determined or withdrawn;
in the case of an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, if it is pending within the meaning of regulation 13 of those Regulations;
in the case of an appeal under the regulation 36 of the Immigration (European Economic Area) Regulations 2016, if it is pending within the meaning of Part 6 of those Regulations (see regulation 35).
In section 13(8) of the Tribunals, Courts and Enforcement Act 2007 (decisions excluded from right to appeal to the Court of Appeal), after paragraph (bza) (inserted by section 22) insert—.
In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), after paragraph 31 (immigration: accommodation for asylum-seekers etc) insert—
In section 9 of that Act (civil legal aid: general cases), after subsection (2) insert—
In regulation 11(9) of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (qualifying for civil legal services: cases in which merits criteria do not apply), at the end insert , or
In regulation 5(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (exceptions from requirement to make a determination in respect of an individual’s financial resources), omit the “and” at the end of paragraph (ka) and, after paragraph (l), insert—
This section applies where—
evidence is provided late by a claimant in relation to an asylum claim or a human rights claim, and
the evidence falls to be considered by a deciding authority for the purpose of determining—
the claim, or
where a decision in respect of the claim is the subject of a relevant appeal, the appeal.
Unless there are good reasons why the evidence was provided late, the deciding authority must, in considering it, have regard to the principle that minimal weight should be given to the evidence.
For the purposes of subsection (1)(a), evidence is provided “late” by a claimant if it is within subsection (4) or (5).
Evidence is within this subsection if—
it is provided pursuant to an evidence notice served on the claimant under section 18(1), and
it is provided on or after the date specified in the notice.
Evidence is within this subsection if—
it is provided pursuant to a priority removal notice served on the claimant under section 20 in support of the matters mentioned in subsection (3)(a)(i) of that section (reasons and grounds for application), and
it is provided on or after the PRN cut-off date.
The reference in subsection (1)(b)(i) to determining a claim includes a reference to determining—
whether to certify the claim under section 94(1) of the 2002 Act (unfounded claims);
whether to accept or reject further submissions made by the claimant for the purposes of the immigration rules.
In this section—
the “Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol;
the First-tier Tribunal,
“facilitating returns” means facilitating the return of nationals or citizens to a country as mentioned in subsection (1)(a).
In section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), after subsection (2) insert—
In section 92 of the Nationality, Immigration and Asylum Act 2002 (place from which an appeal may be brought), omit—
subsection (2)(b) (and the preceding “or”);
subsection (3)(b) (and the preceding “or”).
Paragraph 3 (presumptions of safety) is amended as follows. In sub-paragraph (1), in the opening words, after “human rights claim” insert “(the “claimant”)”. Unless the contrary is shown by the claimant to be the case in their particular circumstances, a State to which this Part applies is to be treated, in so far as relevant to the question mentioned in sub-paragraph (1), as a place— In sub-paragraph (2), omit paragraph (b) (but not the final “and”).
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol;
In subsection (3) of that section, for “subsection (2)” substitute “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”.
In paragraph 5 (in country appeals in cases of removal to safe country)—
in sub-paragraph (3), omit paragraph (b) (together with the preceding “or”);
in sub-paragraph (4), in both places they appear, omit the words “to which this sub-paragraph applies”;
omit sub-paragraph (5).
an Act,
The Immigration Act 1971 is amended as follows.
In section 8 (exceptions for seamen etc), after subsection (1) insert—
In section 11 (references to entry etc), after subsection (1) insert—
In section 28 (proceedings for offences)—
before subsection (1) insert—;
in subsection (2A), for “section 25 or 25A” substitute “this Part”.
In section 28L (interpretation of Part 3) —
in subsection (1), at the beginning insert “Subject to subsection (1A)”;
after subsection (1) insert—
In section 28M (enforcement powers in relation to ships: England and Wales), in subsection (2)(a)—
for “section” substitute—;
for “, and” substitute , or.
In section 28N (enforcement powers in relation to ships: Scotland), in subsection (2)(a)—
for “section” substitute—;
for “, and” substitute , or.
In section 28O (enforcement powers in relation to ships: Northern Ireland), in subsection (2)(a)—
for “section” substitute—;
for “, and” substitute , or.
Schedule 2 (administrative provision as to control on entry etc) is amended as follows. In paragraph 2— In paragraph 27— In paragraph 27B— In paragraph 27BA—
Schedule 4A (maritime enforcement powers) is amended as follows. In paragraph 1(2), after the opening words insert—. In paragraph 2(1)(a), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”. In paragraph 3(1)(a), for “25, 25A and 25B” substitute “24B, 25, 25A or 25B of this Act or section 21 of the 2006 Act”. In paragraph 4(1), for “25, 25A or 25B” substitute “24B, 25, 25A or 25B of this Act or section 21 of the 2006 Act”. In paragraph 12(2), after the opening words insert—. In paragraph 13(1)(a), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”. In paragraph 14(1)(a), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”. In paragraph 15(1), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”. In paragraph 23(2), after the opening words insert—. In paragraph 24(1)(a), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”. In paragraph 25(1)(a), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”. In paragraph 26(1), for “25 or 25A” substitute “24B, 25 or 25A of this Act or section 21 of the 2006 Act”.
the Special Immigration Appeals Commission;
The circumstances are when the Upper Tribunal is acting—
under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), or
in relation to—
an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or
an expedited related appeal within the meaning of section 24 that involves an asylum claim or a human rights claim.
In this section “accelerated detained appeal” means a relevant appeal (see subsection (6)) brought—
by a person who—
was detained under a relevant detention provision (see subsection (7)) at the time at which they were given notice of the decision which is the subject of the appeal, and
remains in detention under a relevant detention provision, and
against a decision that—
is of a description prescribed by regulations made by the Secretary of State, and
when made, was certified by the Secretary of State under this section.
The Secretary of State may only certify a decision under this section if the Secretary of State considers that any relevant appeal brought in relation to the decision would likely be disposed of expeditiously.
Tribunal Procedure Rules must secure that the following time limits apply in relation to an accelerated detained appeal—
any notice of appeal must be given to the First-tier Tribunal not later than 5 working days after the date on which the appellant was given notice of the decision against which the appeal is brought;
the First-tier Tribunal must make a decision on the appeal, and give notice of that decision to the parties, not later than 25 working days after the date on which the appellant gave notice of appeal to the tribunal;
any application (whether to the First-tier Tribunal or the Upper Tribunal) for permission to appeal to the Upper Tribunal must be determined by the tribunal concerned not later than 20 working days after the date on which the applicant was given notice of the First-tier Tribunal’s decision.
A relevant appeal ceases to be an accelerated detained appeal on the appellant being released from detention under any relevant detention provision.
Tribunal Procedure Rules must secure that the First-tier Tribunal or (as the case may be) the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in a particular case, order that a relevant appeal is to cease to be an accelerated detained appeal.
For the purposes of this section, a “relevant appeal” is an appeal to the First-tier Tribunal under any of the following—
section 82(1) of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims);
section 40A of the British Nationality Act 1981 (appeal against deprivation of citizenship);
the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (appeal rights in respect of EU citizens’ rights immigration decisions etc);
regulation 36 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals against EEA decisions) as it continues to have effect following its revocation.
For the purposes of this section, a “relevant detention provision” is any of the following—
paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);
paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);
section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal);
section 36(1) of the UK Borders Act 2007 (detention pending deportation).
In this section “working day” means any day except—
a Saturday or Sunday, Christmas Day, Good Friday or 26 to 31 December, and
any day that is a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the appellant concerned is detained.
Regulations under this section are subject to negative resolution procedure.
The Nationality, Immigration and Asylum Act 2002 is amended in accordance with subsections (2) and (3).
In section 92 (place from which an appeal may be brought or continued)—
in each of subsections (2)(a) and (3)(a), for “94(1) or (7) (claim clearly unfounded or removal to a safe third country)” substitute “94(7) (removal to a safe country)”;
in each of subsections (6) and (8), for “94(1) or (7)” substitute “94(7)”.
In section 94 (appeal from within the United Kingdom: unfounded human rights or protection claim)—
after subsection (3) insert—;
in subsection (4), for “Those States” substitute “The States”;
for the heading substitute “Certification of human rights or protection claims as unfounded or removal to safe country”.
The amendments made by this section do not apply in relation to a protection claim or human rights claim that was certified by the Secretary of State under section 94(1) before the coming into force of this section.
Schedule 4 makes amendments to—
section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal while claim for asylum pending), and
Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe country).
The following sections apply for the purposes of the determination by any person, court or tribunal whether a person (referred to in those sections as an “asylum seeker”) is a refugee within the meaning of Article 1(A)(2) of the Refugee Convention—
section 31 (persecution);
section 32 (well-founded fear);
section 33 (reasons for persecution);
section 34 (protection from persecution);
section 35 (internal relocation).
Section 36 applies for the purposes of the determination by any person, court or tribunal whether the provisions of the Refugee Convention do not apply to a person as a result of Article 1(F) of that Convention (disapplication of Convention to serious criminals etc).
Section 37 applies for the purposes of the determination by any person, court or tribunal whether Article 31(1) of the Refugee Convention (immunity from certain penalties) applies in relation to a person who is a refugee within the meaning of Article 1(A)(2) of the Refugee Convention.
The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 (S.I. 2006/2525) are revoked.
Subsections (1) and (2), and sections 31 to 36, apply only in relation to a determination relating to a claim for asylum where the claim was made on or after the day on which this section comes into force.
For the purposes of subsection (5), a claim for asylum includes a claim, in any form or to any person, which falls to be determined as mentioned in subsection (1).
For the purposes of Article 1(A)(2) of the Refugee Convention, persecution can be committed by any of the following (referred to in this Part as “actors of persecution”)—
the State,
any party or organisation controlling the State or a substantial part of the territory of the State, or
any non-State actor, if it can be demonstrated that the actors mentioned in paragraphs (a) and (b), including any international organisation, are unable or unwilling to provide reasonable protection against persecution.
For the purposes of that Article, the persecution must be—
sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right, in particular a right from which derogation cannot be made under Article 15 of the Human Rights Convention, or
an accumulation of various measures, including a violation of a human right, which is sufficiently severe as to affect an individual in a similar manner as specified in paragraph (a).
The persecution may, for example, take the form of—
an act of physical or mental violence, including an act of sexual violence;
a legal, administrative, police or judicial measure which in itself is discriminatory or which is implemented in a discriminatory manner;
prosecution or punishment which is disproportionate or discriminatory;
denial of judicial redress resulting in a disproportionate or discriminatory punishment;
prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts as described in Article 1(F) of the Refugee Convention (on which, see section 36).
In deciding for the purposes of Article 1(A)(2) of the Refugee Convention whether an asylum seeker’s fear of persecution is well-founded, the following approach is to be taken.
The decision-maker must first determine, on the balance of probabilities— (See also section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (asylum claims etc: behaviour damaging to claimant’s credibility).)
whether the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion (or has such a characteristic attributed to them by an actor of persecution), and
whether the asylum seeker does in fact fear such persecution in their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence) as a result of that characteristic.
Subsection (4) applies if the decision-maker finds that—
the asylum seeker has a characteristic mentioned in subsection (2)(a) (or has such a characteristic attributed to them), and
the asylum seeker fears persecution as mentioned in subsection (2)(b).
The decision-maker must determine whether there is a reasonable likelihood that, if the asylum seeker were returned to their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence)—
they would be persecuted as a result of the characteristic mentioned in subsection (2)(a), and
they would not be protected as mentioned in section 34.
The determination under subsection (4) must also include a consideration of the matter mentioned in section 35 (internal relocation).
For the purposes of Article 1(A)(2) of the Refugee Convention—
the concept of race may include consideration of matters such as a person’s colour, descent or membership of a particular ethnic group;
the concept of religion may include consideration of matters such as—
the holding of theistic, non-theistic or atheistic beliefs,
the participation in formal worship in private or public, either alone or in community with others, or the abstention from such worship,
other religious acts or expressions of view, or
forms of personal or communal conduct based on or mandated by any religious belief;
the concept of nationality is not confined to citizenship (or lack of citizenship) but may include consideration of matters such as membership of a group determined by its cultural, ethnic or linguistic identity, common geographical or political origins or its relationship with the population of another State;
the concept of political opinion includes the holding of an opinion, thought or belief on a matter related to a potential actor of persecution and to its policies or methods, whether or not the person holding that opinion, thought or belief has acted upon it.
A group forms a particular social group for the purposes of Article 1(A)(2) of the Refugee Convention only if it meets both of the following conditions.
The first condition is that members of the group share—
an innate characteristic,
a common background that cannot be changed, or
a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it.
The second condition is that the group has a distinct identity in the relevant country because it is perceived as being different by the surrounding society.
A particular social group may include a group based on a common characteristic of sexual orientation, but for these purposes sexual orientation does not include acts that are criminal in any part of the United Kingdom.
For the purposes of Article 1(A)(2) of the Refugee Convention, protection from persecution can be provided by—
the State, or
any party or organisation, including any international organisation, controlling the State or a substantial part of the territory of the State.
An asylum seeker is to be taken to be able to avail themselves of protection from persecution if—
the State, party or organisation mentioned in subsection (1) takes reasonable steps to prevent the persecution by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution, and
the asylum seeker is able to access the protection.
An asylum seeker is not to be taken to be a refugee for the purposes of Article 1(A)(2) of the Refugee Convention if—
they would not have a well-founded fear of being persecuted in a part of their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence), and
they can reasonably be expected to travel to and remain in that part of the country.
In considering whether an asylum seeker can reasonably be expected to travel to and remain in a part of a country, a decision-maker—
must have regard to—
the general circumstances prevailing in that part of the country, and
the personal circumstances of the asylum seeker;
must disregard any technical obstacles relating to travel to that part of that country.
A person has committed a crime for the purposes of Article 1(F)(a) or (b) of the Refugee Convention if they have instigated or otherwise participated in the commission of the crimes specified in those provisions.
In Article 1(F)(b), the reference to a serious non-political crime includes a particularly cruel action, even if it is committed with an allegedly political objective.
In that Article, the reference to a crime being committed by a person outside the country of refuge prior to their admission to that country as a refugee includes a crime committed by that person at any time up to and including the day on which they are issued with a relevant biometric immigration document by the Secretary of State.
For the purposes of subsection (3), a relevant biometric immigration document is a document that—
records biometric information (as defined in section 15(1A) of the UK Borders Act 2007), and
is evidence of leave to remain in the United Kingdom granted to a person as a result of their refugee status.
A refugee is not to be taken to have come to the United Kingdom directly from a country where their life or freedom was threatened if, in coming from that country, they stopped in another country outside the United Kingdom, unless they can show that they could not reasonably be expected to have sought protection under the Refugee Convention in that country.
A refugee is not to be taken to have presented themselves without delay to the authorities unless—
in the case of a person who became a refugee while they were outside the United Kingdom, they made a claim for asylum as soon as reasonably practicable after their arrival in the United Kingdom;
in the case of a person who became a refugee while they were in the United Kingdom—
if their presence in the United Kingdom was lawful at that time, they made a claim for asylum before the time when their presence in the United Kingdom became unlawful;
if their presence in the United Kingdom was unlawful at that time, they made a claim for asylum as soon as reasonably practicable after they became aware of their need for protection under the Refugee Convention.
For the purposes of subsection (2)(b), a person’s presence in the United Kingdom is unlawful if they require leave to enter or remain and do not have it.
A penalty is not to be taken as having been imposed on account of a refugee’s illegal entry or presence in the United Kingdom where the penalty relates to anything done by the refugee in the course of an attempt to leave the United Kingdom.
In section 31 of the Immigration and Asylum Act 1999 (defences based on Art.31(1) of the Refugee Convention)—
in subsection (2), for “have expected to be given” substitute “be expected to have sought”;
after subsection (4) insert—
In this section—
Northern Ireland legislation.
Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (the “2004 Act”) (removal of asylum seeker to safe country) is amended as follows.
“action” includes a failure to act;
Section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal) is amended as follows.
In subsection (1), for “protection” substitute “prohibition of expulsion or return”.
In subsection (2)—
in the words before paragraph (a)—
for “shall be presumed to have been” substitute “is”;
omit “and to constitute a danger to the community of the United Kingdom”;
in paragraph (b), for “two years” substitute “12 months”.
In subsection (3)—
in the words before paragraph (a)—
for “shall be presumed to have been” substitute “is”;
omit “and to constitute a danger to the community of the United Kingdom”;
in paragraph (b), for “two years” substitute “12 months”;
in paragraph (c), for “two years” substitute “12 months”.
In subsection (4), in the words before paragraph (a)—
for “shall be presumed to have been” substitute “is”;
omit “and to constitute a danger to the community of the United Kingdom”.
After subsection (5) insert—
In subsection (6), for “(2), (3) or (4)” substitute “(5A)”.
In subsection (7), for “(2), (3) or (4)” substitute “(5A)”.
In subsection (8), for “mentioned in subsection (6)” substitute “under subsection (5A)”.
In subsection (9)(b), for “presumptions under subsection (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”.
In subsection (10)(b), for “presumptions under subsections (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”.
In subsection (11)(b)—
in the opening words, for “two years” substitute “12 months”;
in sub-paragraph (ia), for “two years”, in both places it occurs, substitute “12 months”;
in sub-paragraph (iii), for “two years” substitute “12 months”.
The amendments made by this section apply only in relation to a person convicted on or after the date on which this section comes into force.
In this Part—
“entry clearance” has the same meaning as in the Immigration Act 1971 (see section 33(1) of that Act);
The Immigration Act 1971 is amended in accordance with subsections (2) to (7).
In section 24 (illegal entry and similar offences), before subsection (1) insert—
In that section—
in subsection (1)—
omit paragraph (a);
in paragraph (b), for the words from “either” to the end, substitute “fails to observe a condition of the leave;”;
in subsection (1A), for “subsection (1)(b)(i)” substitute “subsection (C1)”;
in subsection (3), for “subsection (1)(a) and (c)” substitute “subsections (A1), (B1), (D1), (E1) and (1)(c)”;
in subsection (4)—
in the words before paragraph (a), for “against subsection (1)(a)” substitute “under subsection (B1)”;
in paragraph (b), omit the words from the first “if” to the end.
after subsection (4) insert—
In section 25 (assisting unlawful immigration), in subsection (2)(a), after “enter” insert “or arrive in”.
In section 28B (search and arrest by warrant), in subsection (5), for “24(1)(a), (b)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b)”.
In section 28D (entry and search of premises), in subsection (4), for “24(1)(a), (b)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b)”.
In section 28FA (search for personnel records: warrant unnecessary), in subsection (1)—
in paragraph (a), for “24(1)” substitute “24”;
in paragraph (c), for “24(1)” substitute “24”.
In the Nationality, Immigration and Asylum Act 2002—
in section 129(1) (duty on local authority to disclose information on suspected immigration offences), in paragraph (a), for “24(1)(a), (b), (c), (e)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b), (c)”;
in section 134(1) (duty on employer to disclose information on suspected immigration offences), in paragraph (a), for “24(1)(a), (b), (c), (e)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b), (c)”.
In section 133(7) of the Criminal Justice and Immigration Act 2008 (conditions), for “any provision of section 24(1)” substitute “section 24”.
The Immigration Act 1971 is amended as follows.
In section 25(6)(a) (assisting unlawful immigration to member State or the United Kingdom: penalties) for “imprisonment for a term not exceeding 14 years” substitute “imprisonment for life”.
In section 25A(1)(a) (helping asylum seeker to enter United Kingdom) omit “and for gain”.
Before section 25C insert—
Schedule 5 amends the Immigration and Asylum Act 1999 to make provision for the imposition of a penalty for failure adequately to secure a goods vehicle against unauthorised access and other related matters.
After section 11 of the Immigration Act 1971 (construction of references to entry etc) insert—
Schedule 6 makes consequential and related amendments.
The Immigration Act 1971 is amended as follows.
In sub-paragraph (5) of paragraph 1 of Schedule 2 (powers to search ship or aircraft etc), after “vehicle” insert “or container”.
For the purposes of searching a container under sub-paragraph (5), an immigration officer may direct any person who has control of the container to deliver the container to a place specified by the immigration officer. In this paragraph, “container” has the same meaning as in the Customs and Excise Management Act 1979 (see section 1(1) of that Act).
In section 26(1) (general offences in connection with administration of Act), after paragraph (g) insert—
Schedule 7 contains amendments to Part 3A of the Immigration Act 1971 (maritime enforcement).
Section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) is amended as set out in subsections (2) to (6).
In subsection (1)—
for “may be removed” substitute “is liable to removal”;
omit “under the authority of the Secretary of State or an immigration officer”.
For subsection (2) substitute—
After subsection (6) insert—
In subsection (7), for “subsection (1) or (2)” substitute “this section”.
In subsection (10)—
in paragraph (a), for “subsection (2)” substitute “this section”;
in paragraph (b), at the end insert “or sections 10A to 10E”.
After that section insert—
In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3(4) (bail not to be granted to person subject to removal directions without consent of Secretary of State), in paragraph (b) for “14” substitute “21”.
The Criminal Justice Act 2003 is amended as follows.
Section 260 (early removal of prisoners liable to removal from the United Kingdom) is amended as set out in subsections (3) to (8).
For subsections (1) to (2B) substitute—
In subsection (2C), for “Subsections (1) and (2A) do” substitute “Subsection (1) does”.
In subsection (4), for paragraph (b) substitute—
After subsection (4) insert—
Omit subsection (5).
In subsection (6), for paragraphs (a) to (c) substitute—
For section 261 substitute—
In section 263 (concurrent terms), after subsection (2), insert—
After Schedule 19A, insert the Schedule 19B set out in Schedule 8.
In paragraph 3(2) of Schedule 10 to the Immigration Act 2016 (matters to be taken into account in making decision on immigration bail), for the “and” at the end of paragraph (e) substitute—.
In this Part, “age-disputed person” means a person—
who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given), and
in relation to whom— has insufficient evidence to be sure of their age.
a local authority,
a public authority specified in regulations under section 50(1)(b), or
the Secretary of State,
In this Part—
“local authority”—
The amendments made by paragraph 6 do not apply to a case in which the Secretary of State made the certification under paragraph 5(1) of Schedule 3 to the 2004 Act before the coming into force of paragraph 6 of this Schedule. The amendments made by paragraphs 11, 13, 15 and 17 to the following provisions of Schedule 3 to the 2004 Act do not apply to a case in which the claim was certified as clearly unfounded by the Secretary of State before the coming into force of those paragraphs—
In paragraph 1(1) (definitions), after the definition of “the Refugee Convention”, insert—
In paragraph 2 (countries to which presumptions of safety in Part 2 of Schedule 3 apply)—
after paragraph (ba) insert—;
after paragraph (o) insert—.
In paragraph 20(1) (powers to amend list of safe countries by order)—
the words from “add a State” to the end become paragraph (a);
after that paragraph (a) insert , or
In paragraph 21 (procedure for orders under paragraph 20)—
in sub-paragraph (1), in the opening words, for “20(1)” substitute “20(1)(a)”;
in sub-paragraph (2), in the opening words, for “20(2)(b)” substitute “20(1)(b) or (2)(b)”.
“cooperating in relation to returns” means cooperating as mentioned in subsection (1)(a);
In paragraph 5 (appeal rights where person certified for removal to State to which Part 2 applies) in sub-paragraphs (3) and (4), omit “from within the United Kingdom”.
Omit paragraph 6 (no out of country appeal rights).
In paragraph 10 (appeal rights where person certified for removal to State to which Part 3 applies), in sub-paragraphs (3) and (4), omit “from within the United Kingdom”.
Omit paragraph 11 (no out of country appeal rights).
In paragraph 15 (appeal rights where person certified for removal to State to which Part 4 applies), in sub-paragraphs (3) and (4), omit “from within the United Kingdom”.
Omit paragraph 16 (no out of country appeal rights).
In paragraph 19 (appeal rights where person certified for removal to a State safe for that person)—
in sub-paragraphs (b) and (c), omit “from within the United Kingdom”;
omit sub-paragraph (d).
“immigration rules” means rules under section 3(2) of the Immigration Act 1971;
Omit paragraphs 4, 9, 14 and 18.
In section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of employing a person who is disqualified from employment by their immigration status), after subsection (3) insert—
In this Part, “relevant children’s legislation” means—
in relation to a local authority in England, any provision of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families; care and supervision; protection of children);
in relation to a local authority in Wales, Scotland or Northern Ireland, any statutory provision (including a provision passed or made after the coming into force of this Part) that confers a corresponding function on such an authority.
In subsection (3)—
“specified” means specified in the immigration rules.
In section 1 of the Citizenship (Armed Forces) Act 2014 (applications for citizenship by members or former members of armed forces), omit subsection (3).
In section 94 of the Immigration and Asylum Act 1999 (support for asylum-seekers: interpretation), for subsection (7) substitute—
The following authorities may refer an age-disputed person to a designated person for an age assessment under this section—
a local authority;
a public authority specified in regulations made by the Secretary of State.
Subsections (3) and (4) apply where—
a local authority needs to know the age of an age-disputed person for the purposes of deciding whether or how to exercise any of its functions under relevant children’s legislation in relation to the person, or
the Secretary of State notifies a local authority in writing that the Secretary of State doubts that an age-disputed person in relation to whom the local authority has exercised or may exercise functions under relevant children’s legislation is the age that they claim (or are claimed) to be.
The local authority must—
refer the age-disputed person to a designated person for an age assessment under this section,
conduct an age assessment on the age-disputed person itself and inform the Secretary of State in writing of the result of its assessment, or
inform the Secretary of State in writing that it is satisfied that the person is the age they claim (or are claimed) to be, without the need for an age assessment.
Where a local authority— it must, on request from the Secretary of State, provide the Secretary of State with such evidence as the Secretary of State reasonably requires for the Secretary of State to consider the local authority’s decision under subsection (3)(b) or (c).
conducts an age assessment itself, or
informs the Secretary of State that it is satisfied that an age-disputed person is the age they claim (or are claimed) to be,
Where a local authority refers an age-disputed person to a designated person for an age assessment under subsection (1) or (3)(a), the local authority must provide any assistance that the designated person reasonably requires from the authority for the purposes of conducting that assessment.
The standard of proof for an age assessment under this section is the balance of probabilities.
An age assessment of an age-disputed person conducted by a designated person following a referral from a local authority under subsection (1) or (3)(a) is binding— But this is subject to section 54(5) (decision of Tribunal to be binding on Secretary of State and local authorities) and section 56 (new information following age assessment or appeal).
on the Secretary of State and immigration officers when exercising immigration functions, and
on a local authority that—
has exercised or may exercise functions under relevant children’s legislation in relation to the age-disputed person, and
is aware of the age assessment conducted by the designated person.
Regulations under subsection (1)(b) are subject to negative resolution procedure.
A designated person may conduct an age assessment on an age-disputed person for the purposes of deciding whether or how the Secretary of State or an immigration officer should exercise any immigration functions in relation to the person.
An assessment under subsection (1) may be conducted—
in a case where subsections (3) and (4) of section 50 do not apply, or
in a case where those subsections do apply—
at any time before a local authority has referred the age-disputed person to a designated person under section 50(3)(a) or has informed the Secretary of State as mentioned in subsection (3)(b) or (c) of that section, or
if the Secretary of State has reason to doubt a local authority’s decision under subsection (3)(b) or (c) of that section.
An age assessment under this section is binding on the Secretary of State and immigration officers when exercising immigration functions. But this is subject to section 54(5) (decision of Tribunal to be binding on Secretary of State and local authorities) and section 56 (new information following age assessment or appeal).
The standard of proof for an age assessment under this section is the balance of probabilities.
The Secretary of State may make regulations specifying scientific methods that may be used for the purposes of age assessments under section 50 or 51.
The types of scientific method that may be specified include methods involving—
examining or measuring parts of a person’s body, including by the use of imaging technology;
the analysis of saliva, cell or other samples taken from a person (including the analysis of DNA in the samples).
A method may not be specified in regulations under subsection (1) unless the Secretary of State determines, after having sought scientific advice, that the method is appropriate for assessing a person’s age.
A specified scientific method may be used for the purposes of an age assessment under section 50 or 51 only if the appropriate consent is given.
The appropriate consent is—
where the age-disputed person has the capacity to consent to the use of the scientific method in question, their consent;
where the age-disputed person does not have the capacity to consent to the use of the scientific method in question, the consent of—
the person’s parent or guardian, or
another person, of a description specified in regulations made by the Secretary of State, who is able to give consent on behalf of the age-disputed person.
Subsection (7) applies where—
the age-disputed person or, in a case where the age-disputed person lacks capacity, a person mentioned in subsection (5)(b), decides not to consent to the use of a specified scientific method, and
there are no reasonable grounds for that decision.
In deciding whether to believe any statement made by or on behalf of the age-disputed person that is relevant to the assessment of their age, the decision-maker must take into account, as damaging the age-disputed person’s credibility (or the credibility of a person who has made a statement on their behalf), the decision not to consent to the use of the specified scientific method.
Regulations under this section are subject to affirmative resolution procedure.
This section does not prevent the use of a scientific method that is not a specified scientific method for the purposes of an age assessment under section 50 or 51 if the decision-maker considers it appropriate to do so and, where necessary, the appropriate consent is given.
The Secretary of State may make regulations about age assessments under section 50 or 51, which may in particular include provision about—
the processes to be followed, including—
the information and evidence that must be considered and the weight to be given to it,
the circumstances in which an abbreviated age assessment may be appropriate,
protections or safeguarding measures for the age-disputed person, and
where consent is required for the use of a specified scientific method, the processes for assessing a person’s capacity to consent, for seeking consent and for recording the decision on consent;
the qualifications or experience necessary for a person to conduct an age assessment;
where an age assessment includes use of specified scientific methods—
the qualifications or experience necessary for a person to conduct tests in accordance with those methods, and
the settings in which such tests must be carried out;
the content and distribution of reports on age assessments;
the communication of decisions to the age-disputed person and any other person affected by the decision, and notification of appeal rights (see section 54); and
the consequences of a lack of co-operation with the assessment by the age-disputed person, which may include damage to the person’s credibility.
The regulations may also include provision about—
referrals under section 50(1) or (3)(a), including the process for making such a referral and about the withdrawal of a referral;
how and when a local authority must inform the Secretary of State as mentioned in section 50(3)(b) and (c);
evidence that the Secretary of State may require as mentioned in section 50(4).
Regulations under this section are subject to affirmative resolution procedure.
This section applies if—
an age assessment is conducted on an age-disputed person (“P”) under section 50 or 51, and
the decision-maker decides that P is an age other than the age that P claims (or is claimed) to be.
P may appeal to the First-tier Tribunal against the decision-maker’s decision.
On the appeal, the Tribunal must—
determine P’s age on the balance of probabilities, and
assign a date of birth to P.
In making the determination, the Tribunal may consider any matter which it thinks relevant, including—
any matter of which the decision-maker was unaware, and
any matter arising after the date of the decision appealed against.
A determination on an appeal under subsection (2) is binding—
on the Secretary of State and immigration officers when exercising immigration functions in relation to P, and
on a local authority that has exercised or may exercise functions under relevant children’s legislation in relation to P.
This section is subject to—
section 55 (appeals relating to age assessments: supplementary), and
section 56 (new information following age assessment or appeal).
This section applies to an appeal under section 54(2).
The appeal must be brought from within the United Kingdom.
If the person who brings the appeal leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned.
The person who brings the appeal may make an application to the First-tier Tribunal for an order that, until the appeal is finally determined, withdrawn or abandoned, the local authority must exercise its functions under relevant children’s legislation in relation to the person on the basis that they are the age that they claim (or are claimed) to be.
Subsection (6) applies if it is alleged—
that a document relied on by a party to an appeal 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 First-tier 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 (5)(b).
Subsection (8) applies in relation to—
proceedings on an appeal, and
proceedings in the Upper Tribunal arising out of proceedings within paragraph (a).
Practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007 may require the First-tier Tribunal or the Upper Tribunal to treat a specified decision of the First-tier Tribunal or the Upper Tribunal as authoritative in respect of a particular matter.
For the purposes of this Part an appeal is not finally determined if—
an application for permission to appeal under section 11, 13 or 14B of the Tribunals, Courts and Enforcement Act 2007 could be made (ignoring any possibility of an application out of time) or is awaiting determination,
an application for permission to appeal to the Supreme Court from— could be made (ignoring any possibility of an application out of time) or is awaiting determination,
the Court of Appeal in England and Wales,
the Court of Session, or
the Court of Appeal in Northern Ireland,
permission to appeal of the kind mentioned in paragraph (a) or (b) has been granted and the appeal is awaiting determination, or
an appeal has been remitted under section 12 or 14 of the Tribunals, Courts and Enforcement Act 2007, or by the Supreme Court, and is awaiting determination.
This section applies where—
an age assessment has been conducted on an age-disputed person (“P”) under section 50 or 51,
an appeal under section 54(2) could no longer be brought (ignoring any possibility of an appeal out of time) or has been finally determined, and
the decision-maker becomes aware of new information relating to P’s age.
In this section, the age assessment referred to in subsection (1)(a) is referred to as the “first age assessment”.
In a case where the first age assessment was conducted by a designated person, they must—
decide whether the new information is significant new evidence, and
if they decide that it is, conduct a further age assessment on P.
In a case where the first age assessment was conducted by a local authority, it must—
decide whether the new information is significant new evidence or refer the new information to a designated person for a decision on that matter, and
if it is decided that the new information is significant new evidence—
conduct a further age assessment on P, or
refer P to a designated person for a further age assessment.
For the purposes of subsections (3) and (4), new information is “significant new evidence” if there is a realistic prospect that, if a further age assessment were to be conducted on P, taking into account the new information, P’s age would be assessed as different from the age determined in the first age assessment or in the appeal proceedings.
A further age assessment conducted by a designated person under subsection (3) or (4)(b)(ii) is to be treated—
in a case where the first age assessment was conducted under section 50, as an age assessment conducted by the designated person following a referral under subsection (3)(a) of that section;
in a case where the first age assessment was conducted under section 51, as an age assessment conducted under that section.
A further age assessment conducted by a local authority under subsection (4)(b)(i) is to be treated as an age assessment conducted by a local authority under section 50(3)(b).
A person conducting a further age assessment under this section does not need to revisit matters that were considered in the first age assessment if they do not think it is necessary to do so.
Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.
In Part 1 (services) after paragraph 31A insert—
In Part 3 (advocacy: exclusions and exceptions), in paragraph 13 (advocacy in proceedings in the First-tier Tribunal), after “31A,” insert “31B,”.
The Secretary of State may serve a slavery or trafficking information notice on a person who has made a protection claim or a human rights claim.
A “slavery or trafficking information notice” is a notice requiring the recipient to provide the Secretary of State (and any other competent authority specified in the notice), before the specified date, with any relevant status information the recipient has.
“Relevant status information” is information that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to the recipient.
Subsection (5) applies if the recipient of a slavery or trafficking information notice provides the Secretary of State or competent authority with relevant status information on or after the specified date.
The recipient must also provide a statement setting out their reasons for not providing the relevant status information before the specified date (and see section 59).
In this section—
This section applies where—
a person aged 18 or over has been served with a slavery or trafficking information notice under section 58,
the person provided relevant status information late, and
a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the person.
In determining whether to believe a statement made by or on behalf of the person, the competent authority must take account, as damaging the person’s credibility, of the late provision of the relevant status information, unless there are good reasons why the information was provided late.
For the purposes of this section, relevant status information is provided “late” by the person if it is provided on or after the date specified in the slavery or trafficking information notice.
In this section, “relevant status information” has the same meaning as in section 58 (see subsection (3) of that section).
The Modern Slavery Act 2015 is amended as follows.
Section 49 (guidance about identifying and supporting victims) is amended in accordance with subsections (3) and (4).
In subsection (1)—
in paragraph (b)—
for “may be” substitute “are”;
at the end insert “or who are such victims”;
in paragraph (c) for “may be” substitute “is”;
after paragraph (c) insert—
After that subsection insert—
In section 50 (regulations about identifying and supporting victims)—
in subsection (1)(a) for “may be” substitute “are”;
in subsection (2)(a) for “may be” substitute “is”;
after subsection (3) insert—
In section 51 (presumption about age)—
in subsection (1)(a) for “may be” substitute “is”;
in subsection (3), in the opening words, for “may be” substitute “are”.
In section 56 (interpretation)—
before subsection (1) insert—;
in each of subsections (1) and (2), after “purposes of” insert “any other provision of”.
This section applies to a person (an “identified potential victim”) if—
a decision is made by a competent authority that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking (a “positive reasonable grounds decision”), and
that decision is not a further RG decision (as to which, see section 62).
Subject to section 63(2), the identified potential victim may not be removed from, or required to leave, the United Kingdom during the recovery period.
The “recovery period”, in relation to an identified potential victim, is the period—
beginning with the day on which the positive reasonable grounds decision is made, and
ending with whichever of the following is the later—
the day on which the conclusive grounds decision is made in relation to the identified potential victim;
the end of the period of 30 days beginning with the day mentioned in paragraph (a).
This section applies where—
a competent authority has previously made a positive reasonable grounds decision in relation to a person (the “first RG decision”), and
a further positive reasonable grounds decision is made in relation to the person, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made (the “further RG decision”).
If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period— This is subject to section 63(2).
beginning with the day on which the further RG decision is made, and
ending with whichever of the following is the later—
the day on which the conclusive grounds decision is made in relation to the further RG decision;
the end of the period of 30 days beginning with the day mentioned in paragraph (a).
A competent authority may determine that subsection (2) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that the person—
is a threat to public order, or
has claimed to be a victim of slavery or human trafficking in bad faith.
Where this subsection applies to a person the following cease to apply—
any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62, and
any requirement under section 65 to grant the person limited leave to remain in the United Kingdom.
For the purposes of this section, the circumstances in which a person is a threat to public order include, in particular, where—
the person has been convicted of a terrorist offence;
the person has been convicted of any other offence listed in Schedule 4 to the Modern Slavery Act 2015 anywhere in the United Kingdom, or of a corresponding offence;
the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011);
there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
the person is subject to a notice under Part 2 of the National Security Act 2023;
the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015;
there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
the person is a foreign criminal within the meaning given by section 32(1) of the UK Borders Act 2007 (automatic deportation for foreign criminals);
the Secretary of State has made an order in relation to the person under section 40(2) of the British Nationality Act 1981 (order depriving person of citizenship status where to do so is conducive to the public good);
the Refugee Convention does not apply to the person by virtue of Article 1(F) of that Convention (serious criminals etc);
the person otherwise poses a risk to the national security of the United Kingdom.
In subsection (3)(a), “terrorist offence” means any of the following (whenever committed)—
an offence listed in—
Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or
Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland);
an offence that was determined to have a terrorist connection under—
section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), or
section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied);
an offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland);
an act constituting an offence under the law in force in a country outside the United Kingdom that—
would have constituted an offence within paragraph (a) if it had been committed in any part of the United Kingdom, or
was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.
In subsection (3)(b) “corresponding offence” means—
an offence under the law of Scotland or of Northern Ireland which corresponds to an offence listed in Schedule 4 to the Modern Slavery Act 2015;
an act constituting an offence under the law in force in a country outside the United Kingdom that would have constituted an offence listed in that Schedule if it had been committed in England or Wales.
For the purposes of this section an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.
In this section—
an Act or Measure of Senedd Cymru, or
After section 50 of the Modern Slavery Act 2015 insert—
This section applies if a positive conclusive grounds decision is made in respect of a person—
who is not a British citizen, and
who does not have leave to remain in the United Kingdom.
The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—
assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,
enabling the person to seek compensation in respect of the relevant exploitation, or
enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
Subsection (2) is subject to section 63(2).
Leave is not necessary for the purpose mentioned in—
subsection (2)(a) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection (5) (or both);
subsection (2)(b) if the Secretary of State considers that—
the person is capable of seeking compensation from outside the United Kingdom, and
it would be reasonable for the person to do so in the circumstances.
A country or territory is within this subsection if—
it is a country of which the person is a national or citizen;
it is one to which the person may be removed in accordance with an agreement between that country or territory and the United Kingdom (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).
Subsection (7) applies if the Secretary of State is satisfied that—
the person is a threat to public order, or
the person has claimed to be a victim of slavery or human trafficking in bad faith.
Where this subsection applies—
the Secretary of State is not required to grant the person leave under subsection (2), and
if such leave has already been granted to the person, it may be revoked.
Leave granted to a person under subsection (2) may be revoked in such other circumstances as may be prescribed in immigration rules.
Subsections (3) to (7) of section 63 apply for the purposes of this section as they apply for the purposes of that section.
In this section—
Section 9
the “Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16 May 2005);
The British Nationality Act 1981 is amended as follows.
Section 4 (acquisition by registration: British overseas territories citizens etc) is amended as follows. In subsection (4)— After subsection (4) insert—
Schedule 1 (requirements for naturalisation) is amended as follows. In paragraph 2 (naturalisation as a British citizen under section 6(1): waiver of requirements in special circumstances)— In paragraph 4, in paragraph (a)— In paragraph 6 (naturalisation as a British overseas territories citizen under section 18(1): waiver of requirements in special circumstances)— In paragraph 8, in paragraph (a)—
Section 10(4) This is the Schedule to be inserted after Schedule 4 to the British Nationality Act 1981—
Section 23
The Nationality, Immigration and Asylum Act 2002 is amended in accordance with paragraphs 2 to 6.
In section 85 (matters to be considered on appeal)—
in subsections (1), (2) and (4), after “the Tribunal” insert “or the Upper Tribunal”;
in subsection (5)—
after “the Tribunal”, in the first place it appears, insert “or the Upper Tribunal”;
for “the Tribunal”, in the second place it appears, substitute “the tribunal concerned”.
In section 86 (determination of appeal), in subsection (2), after “the Tribunal” insert “or the Upper Tribunal”.
In section 106 (tribunal procedure rules), in subsections (3) and (4), after “the Tribunal” insert “or the Upper Tribunal”.
In section 107 (practice directions)—
before subsection (3) insert—;
in subsection (3), for the words from “under section 82” to “such proceedings” substitute “to which this subsection applies”.
In section 108 (forged document: proceedings in private), in subsection (2), after “The Tribunal” insert “or the Upper Tribunal”.
In section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility), in subsection (9A)—
for the words from the beginning to “subsection (7) the” substitute “In this section a”;
after “acting” insert —;
at the end insert , or
Section 29
Section 42
Part 2 of the Immigration and Asylum Act 1999 (carriers’ liability) is amended as follows.
For the italic heading before section 32 substitute “Penalties for failure to secure goods vehicle and for carrying clandestine entrants”.
Before section 32 (but after the italic heading before that section) insert—
Section 32 (penalty for carrying clandestine entrants) is amended as follows. After subsection (2A) insert— For subsection (4) substitute— After subsection (6A) insert—
Section 32A (level of penalty: code of practice) is amended as follows. Before subsection (1) insert— In subsection (2)(b), after “35(4)” insert “in relation to a penalty under section 32”. In subsection (3) for “the code” substitute “a code under this section”. In subsection (4) for “the draft code” substitute “a draft code”. In subsection (5) for “the code” in the first place it occurs substitute “a code under this section”. In subsection (6) for “the code” substitute “a code”.
Omit section 33 (prevention of clandestine entrants: code of practice).
Section 34 (defences to claim that penalty is due under section 32) is amended as follows. Omit subsection (3). In subsection (3A)— After subsection (3A) insert— Omit subsection (4).
Section 35 (procedure for penalties and objections against penalties) is amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In subsection (1) after “section” insert “31A or”. In subsection (2)— In subsection (10) after “section” insert “31A or”. In subsection (12)—
Section 35A (appeals) is amended as follows. In subsection (1) after “section” insert “31A or”. In subsection (3)—
Section 36 (power to detain vehicles etc in connection with penalties under section 32) is amended as follows. In the heading, after “section” insert “31A or”. In subsection (2A)(a), for “is an employee of its owner or hirer” substitute “drives the vehicle pursuant to a contract (whether or not a contract of employment) with the owner or hirer of the vehicle”. After subsection (2A) insert— After subsection (5) insert—
Section 36A (detention in default of payment) is amended as follows. In subsection (4)(b), for “was an employee of” substitute “drove the vehicle pursuant to a contract (whether or not a contract of employment) with”. After subsection (4) insert— After subsection (6) insert—
Section 43 (interpretation of Part 2) is amended as follows. In subsection (1)— After subsection (1) insert—
Section 43(2)
Section 45
Part 3A of the Immigration Act 1971 (maritime enforcement) is amended as follows.
Before section 28M insert—
In section 28M (enforcement powers in relation to ships: England and Wales)—
in subsection (1), for the words from “An immigration officer” to “enforcement officer” substitute “An English and Welsh constable”, and
in subsection (3)—
omit “an immigration officer,”, and
omit “or an enforcement officer”.
In section 28N (enforcement powers in relation to ships: Scotland)—
in subsection (1) for the words from “An immigration officer” to “enforcement officer” substitute “A Scottish constable”, and
in subsection (3)—
omit “an immigration officer,”, and
omit “or an enforcement officer”.
In section 28O (enforcement powers in relation to ships: Northern Ireland)—
in subsection (1) for the words from “An immigration officer” to “enforcement officer” substitute “A Northern Ireland constable”, and
in subsection (3)—
omit “an immigration officer,”, and
omit “or an enforcement officer”.
In section 28P (hot pursuit of ships in United Kingdom waters)—
in subsection (1), for the words from “An immigration officer” to “enforcement officer” substitute “An English and Welsh constable”,
in subsection (3), for the words from “An immigration officer” to “enforcement officer” substitute “A Scottish constable”,
in subsection (5), for the words from “An immigration officer” to “enforcement officer” substitute “A Northern Ireland constable”, and
in subsection (10), omit “or an enforcement officer”.
After section 28P insert—
In section 28Q (interpretation of Part 3A)—
at the appropriate places insert—, , , , , and
for the definition of ship substitute—.
Schedule 4A (enforcement powers in relation to ships) is amended as follows.
Before Part 1, insert—
In paragraph 1(1)—
omit “immigration officers,” and
omit “and enforcement officers”.
In paragraph 4—
in sub-paragraph (2) omit “constable or”, and
in sub-paragraph (3) omit “constable or”.
In paragraph 6—
omit sub-paragraph (5), and
in sub-paragraph (6), for the words from “Where” to “the document” substitute “A nationality document that has been seized and retained by a relevant officer”.
In paragraph 12(1)—
omit “immigration officers,”, and
omit “and enforcement officers”.
In paragraph 17—
omit sub-paragraph (5), and
in sub-paragraph (6), for the words from “Where” to “the document” substitute “A nationality document that has been seized and retained by a relevant officer”.
In paragraph 23—
omit “immigration officers,” and
omit “and enforcement officers”.
In paragraph 26(3) omit “constable or”.
In paragraph 28—
omit sub-paragraph (5), and
in sub-paragraph (6), for the words from “Where” to “the document” substitute “A nationality document that has been seized and retained by a relevant officer”.
Section 47(11) This is the Schedule to be inserted after Schedule 19A to the Criminal Justice Act 2003—
This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.
Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services qualifying for legal aid) is amended as follows.
In paragraph 19 (judicial review)—
after sub-paragraph (1) insert—;
Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.
The add-on services described in sub-paragraph (1A) do not include—
In each of paragraphs 25, 26, 27 and 27A (various immigration matters)—
Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn that determination).
Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule. The add-on services described in sub-paragraph (1A) do not include—
In paragraph 30 (immigration: rights to enter and remain)—
Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination).
Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.
The add-on services described in sub-paragraph (1A) do not include—
In paragraph 31A (immigration, citizenship and nationality: separated children)—
Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination).
Sub-paragraph (2A) is subject to the exclusions in Part 2 of this Schedule. The add-on services described in sub-paragraph (2A) do not include—
In Part 4 of Schedule 1 to that Act (interpretation) after paragraph 7 insert—
Any amendment made by this section describing add-on services that may be provided to an individual where the Director of Legal Aid Casework has made a relevant determination does not apply to a determination made before the amendment comes into force.
In section 10 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services in exceptional cases), after subsection (3) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4 of the European Union (Withdrawal) Act 2018 (saving for rights etc under section 2(1) of the European Communities Act 1972) ceases to apply to rights, powers, liabilities, obligations, restrictions, remedies and procedures derived from the Trafficking Directive so far as their continued existence would otherwise be incompatible with provision made by or under this Act.
“The Trafficking Directive” means Council Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims.
In this Part—
“country” and “specified” have the same meanings as in section 70.
Regulations under subsection (1) are subject to affirmative resolution procedure.
The immigration rules may make such visa penalty provision as the Secretary of State considers appropriate in relation to a country specified under section 71 or 72.
“Visa penalty provision” is provision that does one or more of the following in relation to applications for entry clearance made by persons as nationals or citizens of a specified country—
requires that entry clearance must not be granted pursuant to such an application before the end of a specified period;
suspends the power to grant entry clearance pursuant to such an application;
requires such an application to be treated as invalid for the purposes of the immigration rules;
requires the applicant to pay £190 in connection with the making of such an application, in addition to any fee or other amount payable pursuant to any other enactment.
The Secretary of State may by regulations substitute a different amount for the amount for the time being mentioned in subsection (2)(d).
Before making visa penalty provision in relation to a specified country, the Secretary of State must give the government of that country reasonable notice of the proposal to do so.
The immigration rules must secure that visa penalty provision does not apply in relation to an application made before the day on which the provision comes into force.
Visa penalty provision may—
make different provision for different purposes;
provide for exceptions or exemptions, whether by conferring a discretion or otherwise;
include incidental, supplementary, transitional, transitory or saving provision.
Regulations under subsection (3)—
are subject to affirmative resolution procedure if they increase the amount for the time being specified in subsection (2)(d);
are subject to negative resolution procedure if they decrease that amount.
Sums received by virtue of subsection (2)(d) must be paid into the Consolidated Fund.
In this section—
“country” and “specified” have the same meanings as in section 70;
“refugee” has the same meaning as in the Refugee Convention.
“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;
A country may be specified under this section if, in the opinion of the Secretary of State, the government of the country has taken action that—
gives, or is likely to give, rise to a threat to international peace and security,
results, or is likely to result, in armed conflict, or
gives, or is likely to give, rise to a breach of international humanitarian law.
In deciding whether to specify a country for the purposes of this section, the Secretary of State must take the following into account—
the extent of the action taken;
the likelihood of further action falling within subsection (1) being taken;
the reasons for the action being taken;
such other matters as the Secretary of State considers appropriate.
In this section—
A country may be specified under this section if, in the opinion of the Secretary of State—
the government of the country is not cooperating in relation to the return to the country from the United Kingdom of any of its nationals or citizens who require leave to enter or remain in the United Kingdom but do not have it, and
as a result, there are nationals or citizens of the country that the Secretary of State has been unable to return to the country, whether or not others have been returned.
In forming an opinion as to whether a country is cooperating in relation to returns, the Secretary of State must take the following into account—
any arrangements (whether formal or informal) entered into by the government of the country with the United Kingdom government or the Secretary of State with a view to facilitating returns;
the extent to which the government of the country is—
taking the steps that are in practice necessary or expedient in relation to facilitating returns, and
doing so promptly;
such other matters as the Secretary of State considers appropriate.
In determining whether to specify a country for the purposes of this section, the Secretary of State must take the following into account—
the length of time for which the government of the country has not been cooperating in relation to returns;
the extent of the lack of cooperation;
the reasons for the lack of cooperation;
such other matters as the Secretary of State considers appropriate.
In this section—
This section applies where any visa penalty provision made pursuant to section 71 is in force in relation to a country.
The Secretary of State must, before the end of each relevant period—
review the extent to which the country’s government is continuing to act in a way that, in the opinion of Secretary of State, has or is likely to have any of the consequences mentioned in section 71(1), and
in light of that review, determine whether it is appropriate to amend the visa penalty provision.
If, at any time, the Secretary of State forms the opinion that, despite the fact that the country’s government has taken or is taking action as mentioned in section 71(1), the visa penalty provision is not necessary or expedient in connection with— the Secretary of State must as soon as practicable revoke the visa penalty provision.
the promotion of international peace and security,
the resolution or prevention of armed conflict, or
the promotion of compliance with international humanitarian law,
Each of the following is a relevant period—
the period of 2 months beginning with the day on which the visa penalty provision came into force;
each subsequent period of 2 months.
In this section, “visa penalty provision” has the same meaning as in section 70.
This section applies where any visa penalty provision made pursuant to section 72 is in force in relation to a country.
The Secretary of State must, before the end of each relevant period—
review the extent to which the country’s cooperation in relation to returns has improved, and
in light of that review, determine whether it is appropriate to amend the visa penalty provision.
If at any time the Secretary of State is no longer of the opinion mentioned in section 72(1), the Secretary of State must as soon as practicable revoke the visa penalty provision.
Each of the following is a relevant period—
the period of 2 months beginning with the day on which the visa penalty provision came into force;
each subsequent period of 2 months.
In this section—
“visa penalty provision” has the same meaning as in section 70;
“cooperation in relation to returns” means cooperation as mentioned in section 72(1)(a).
The Immigration Act 1971 is amended in accordance with subsections (2) to (4).
After Part 1 insert—
In section 24A (deception), in subsection (1)(a)—
after “obtain” insert “— (i)”;
after “Kingdom” insert , or.
In section 33 (interpretation), in subsection (1), at the appropriate place insert—.
an application for an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations));
In section 126 of the Nationality, Immigration and Asylum Act 2002 (compulsory provision of physical data), in subsection (2), before paragraph (a) insert—.
Section 40 of the Immigration and Asylum Act 1999 (liability of carriers in respect of passengers) is amended in accordance with subsections (2) to (8).
For subsection (1) substitute—
Omit subsection (2).
In subsection (4), for the words from “No charge” to “documents” substitute “No charge shall be payable on the basis that Case 1 applies in respect of any individual if the owner provides evidence that the individual produced an immigration document of the kind mentioned in subsection (1A)”.
After subsection (4) insert—
In subsection (5), for “subsection (4)” substitute “subsection (4) or (4A)(a)”.
In subsection (6), for “a visa”, in the first two places it occurs, substitute “an entry clearance”.
In subsection (10), for “subsection (2)” substitute “subsection (1)”.
In consequence of the amendments made by this section—
for the heading of section 40 of the Immigration and Asylum Act 1999 substitute “Charge in respect of individual without proper documents or authorisation”;
for the italic heading before section 40 of that Act substitute “Individuals without proper documents or authorisation”.
The Special Immigration Appeals Commission Act 1997 is amended in accordance with subsections (2) to (4).
After section 2E insert—
In section 6A (procedure in relation to jurisdiction under sections 2C to 2E)—
in the heading, for “2E” substitute “2F”,
in subsection (1), for “or 2E” substitute “, 2E or 2F”,
in subsection (2)(a), for “or 2E” substitute “, 2E or 2F”, and
in subsection (2)(b), for “or (as the case may be) 2E(2)” substitute “, 2E(2) or (as the case may be) 2F(2)”.
In section 7 (appeals from the Commission), in subsection (1A), for “or 2E” substitute “, 2E or 2F”.
If subsection (4) comes into force before the day on which paragraph 26(5) of Schedule 9 to the Immigration Act 2014 comes into force, until that day subsection (4) has effect as if, in section 7(1A), for “or 2D” it substituted “, 2D or 2F”.
In section 115(8) of the Equality Act 2010 (immigration cases), for “section 2D and 2E” substitute “section 2D, 2E or 2F”.
Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.
In paragraph 1(2) (definitions), in the definition of “ship”, after “hovercraft” insert “and any floating vessel or structure”.
This paragraph also applies to a person if— For the purposes of sub-paragraph (3A)(b) and (c), a person is “apprehended”—
In section 33(1) of the Immigration Act 1971 (interpretation) at the appropriate place insert—.
In section 167(1) of the Immigration and Asylum Act 1999 (interpretation) at the appropriate place insert—.
In section 45 of the UK Borders Act 2007 (search for evidence of nationality: other premises), after subsection (5) insert—
After section 25 of the Tribunals, Courts and Enforcement Act 2007 insert—
In Schedule 5 to that Act (procedure in First-tier Tribunal and Upper Tribunal), after paragraph 11 insert—
Tribunal Procedure Rules governing proceedings before the Tribunal (see subsection (4)) must prescribe conduct that, in the absence of evidence to the contrary, is to be treated as—
improper, unreasonable or negligent for the purposes of—
section 25A(1) of the Tribunals, Courts and Enforcement Act 2007 (charge in respect of wasted resources);
section 29(4) of that Act (wasted costs);
an unreasonable act for the purposes of section 29(3A) of that Act (unreasonable costs orders).
Tribunal Procedure Rules must make provision to the effect that the Tribunal, if satisfied that conduct prescribed under subsection (1) has taken place, must consider whether to impose a charge or make an order in accordance with the provisions mentioned in that subsection.
Nothing in Tribunal Procedure Rules may compel the Tribunal to impose a charge, or make an order, mentioned in subsection (1) in relation to conduct (whether or not that conduct is prescribed under that subsection).
In this section “the Tribunal” means the Immigration and Asylum Chamber of the First-Tier Tribunal and of the Upper Tribunal (see Articles 2 and 9 of The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655)).
In this section “conduct” includes acts and omissions.
In section 29 of the Tribunals, Courts and Enforcement Act 2007, after subsection (3) insert—
The Secretary of State may by regulations make such amendments and modifications of the Acts relating to immigration as in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with, the consolidation of the whole or a substantial part of the Acts relating to immigration.
The Acts relating to immigration are—
the Immigration Act 1971;
the Immigration Act 1988;
the Asylum and Immigration Appeals Act 1993;
the Asylum and Immigration Act 1996;
the Special Immigration Appeals Commission Act 1997;
the Immigration and Asylum Act 1999;
the Nationality, Immigration and Asylum Act 2002;
the Asylum and Immigration (Treatment of Claimants, etc) Act 2004;
the Immigration, Asylum and Nationality Act 2006;
the UK Borders Act 2007;
Parts 10 and 12 of the Criminal Justice and Immigration Act 2008;
the Borders, Citizenship and Immigration Act 2009;
section 147 of and Schedule 8 to the Anti-Social Behaviour, Crime and Policing Act 2014;
the Immigration Act 2014;
the Immigration Act 2016;
Parts 1 and 3 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020;
this Act, other than Part 1;
any other provision of an Act relating to immigration, whenever passed.
For the purposes of this section, “amend” includes repeal (and similar terms are to be read accordingly).
Regulations made under this section do not come into force unless an Act is passed consolidating the whole or a substantial part of the Acts relating to immigration.
If such an Act is passed, any regulations made under this section come into force immediately before the Act comes into force.
Regulations under this section are subject to affirmative resolution procedure.
The following are to be paid out of money provided by Parliament—
expenditure incurred under or by virtue of this Act by a Minister of the Crown, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The Secretary of State may by regulations make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.
The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate in consequence of this Act.
The provision that may be made by regulations under subsection (2) includes provision amending, repealing or revoking any enactment.
“Enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
Regulations under subsection (2) that amend— are subject to affirmative resolution procedure.
an Act of Parliament,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation,
Otherwise, regulations under subsection (2) are subject to negative resolution procedure.
In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—
omit the “and” at the end of paragraph (k), and
after paragraph (l) insert , and
A power to make regulations under this Act is exercisable by statutory instrument.
Regulations under this Act—
may make different provision for different purposes;
may make transitional, transitory or saving provision;
may make incidental, supplementary or consequential provision.
Where regulations under this Act are subject to “negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
Where regulations under this Act are subject to “affirmative resolution procedure” the regulations may not be made unless a draft of the instrument containing them has been laid before and approved by a resolution of each House of Parliament.
Any provision that may be made by regulations under this Act subject to negative resolution procedure may instead be made by regulations under this Act subject to affirmative resolution procedure.
Any provision that may be made by regulations under this Act for which no Parliamentary procedure is prescribed may instead be made by regulations subject to negative or affirmative resolution procedure.
This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.
Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.
Part 1 (nationality) also extends to the Channel Islands and the Isle of Man and the British overseas territories within the meaning of the British Nationality Act 1981 (see section 50(1) of that Act).
Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.
A power under any provision listed in subsection (6) may be exercised so as to extend (with or without modification) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates.
Those provisions are—
section 36 of the Immigration Act 1971,
section 15(1) of the Asylum and Immigration Appeals Act 1993,
section 13(5) of the Asylum and Immigration Act 1996,
section 9(3) of the Special Immigration Appeals Commission Act 1997,
section 170(7) of the Immigration and Asylum Act 1999,
section 163(4) of the Nationality, Immigration and Asylum Act 2002,
section 338 of the Criminal Justice Act 2003,
section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,
section 63(3) of the Immigration, Asylum and Nationality Act 2006,
section 60(4) of the UK Borders Act 2007,
section 57(5) of the Borders, Citizenship and Immigration Act 2009,
section 76(6) of the Immigration Act 2014,
section 60(6) of the Modern Slavery Act 2015,
section 95(5) of the Immigration Act 2016, and
section 8(2) of the Immigration and Social Security (EU Withdrawal) Act 2020.
Subject to subsections (3) to (5), this Act comes into force on such day as the Secretary of State appoints by regulations.
Regulations under subsection (1) may appoint different days for different purposes or areas.
The following provisions come into force on the day on which this Act is passed—
section 10(1) and (6) to (8) (effect of failure to give notice of pre-commencement decision to deprive a person of citizenship);
sections 70, 71 and 73 (visa penalties in relation to countries posing a risk to international peace and security etc);
this Part.
The following provisions come into force on the day on which this Act is passed for the purposes of making (and, where required, consulting on) regulations—
section 14 (requirement to make asylum claim at “designated place”);
section 27 (accelerated detained appeals);
section 42 and Schedule 5 (penalty for failure to secure goods vehicle etc);
section 43 (working in United Kingdom waters: arrival and entry);
section 50 (persons subject to immigration control: referral or age assessment by local authority);
section 52 (use of scientific methods in age assessments);
section 53 (regulations about age assessments);
section 69 (interpretation of Part 5);
section 82 (pre-consolidation amendments of immigration legislation).
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 28 (claims certified as clearly unfounded: removal of right of appeal);
paragraphs 5 to 19 of Schedule 4, and section 29 so far as it relates to those paragraphs (removal of asylum seeker to safe third country);
section 30(1), (2) and (4) to (6) (Refugee Convention: general);
sections 31 to 36 and 38 (interpretation of Refugee Convention);
section 39 (interpretation of Part 2);
section 44 (power to search container);
section 49(1) to (4) (interpretation of Part 4);
sections 72 and 74 (visa penalties in relation to uncooperative countries);
section 78 (counter-terrorism questioning of detained entrants away from place of arrival).
This Act may be cited as the Nationality and Borders Act 2022.