Legislation – Illegal Migration Act 2023

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Introduction

1 Introduction

2 Duty to make arrangements for removal

3 Amendment of date in section 2(3) etc

4 Unaccompanied children and power to provide for exceptions

5 Disregard of certain claims, applications etc

6 Removal for the purposes of section 2 or 4

7 Powers to amend Schedule 1

8 Further provisions about removal

9 Support where asylum claim inadmissible

10 Other consequential amendments relating to removal

11 Powers of detention

12 Period for which persons may be detained

13 Powers to grant immigration bail

14 Disapplication of duty to consult Independent Family Returns Panel

15 Electronic devices etc

16 Accommodation and other support for unaccompanied migrant children

17 Transfer of children from Secretary of State to local authority and vice versa

18 Duty of local authority to provide information to the Secretary of State

19 Enforcement of local authorities’ duties under sections 17 and 18

20 Extension to Wales, Scotland and Northern Ireland

21 Transfer of children between local authorities

22 Provisions relating to removal and leave

23 Provisions relating to support: England and Wales

24 Provisions relating to support: Scotland

25 Provisions relating to support: Northern Ireland

26 Suspension and revival of sections 22 to 25

27 Procedure for certain regulations under section 26

28 Amendments relating to sections 22 to 25

29 Disapplication of modern slavery provisions

30 Entry into and settlement in the United Kingdom

31 Persons prevented from obtaining British citizenship etc

32 British citizenship

33 British overseas territories citizenship

34 British overseas citizenship

35 British subjects

36 Disapplication of sections 32 to 35

37 Amendments relating to sections 32 to 36

38 Suspensive claims: interpretation

39 Serious harm suspensive claims: interpretation

40 Meaning of “serious and irreversible harm”

41 Relationship with other proceedings

42 Serious harm suspensive claims

43 Removal conditions suspensive claims

44 Appeals in relation to suspensive claims

45 Permission to appeal in relation to suspensive claims certified as clearly unfounded

46 Suspensive claims out of time

47 Suspensive claims: duty to remove

48 Upper Tribunal consideration of new matters

49 Appeals in relation to suspensive claims: timing

50 Procedure for Tribunal Procedure Rules

51 Finality of certain decisions by the Upper Tribunal

52 Judges of First-tier Tribunal and Upper Tribunal

53 Special Immigration Appeals Commission

54 Interim remedies

55 Interim measures of the European Court of Human Rights

56 Legal aid

57 Decisions relating to a person’s age

58 Age assessments: power to make provision about refusal to consent to scientific methods

59 Inadmissibility of certain asylum and human rights claims

60 Cap on number of entrants using safe and legal routes

61 Report on safe and legal routes

62 Credibility of claimant: concealment of information etc

63 Financial provision

64 Consequential and minor provision

65 Regulations

66 Defined expressions

67 Extent

68 Commencement

69 Short title

SCHEDULES

Schedule 1 Countries or territories to which a person may be removed

Schedule 2 Electronic devices etc

Changes to legislation:

Illegal Migration Act 2023 is up to date with all changes known to be in force on or before 28 March 2026. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.


View outstanding changes

Changes and effects yet to be applied to :

  • s. 44(3)–(6) applied (with modifications) by 1997 c. 68, s. 2AA(2)(3) (as inserted) by 2023 c. 37 s. 53(5)
  • s. 48(2)–(7) applied (with modifications) by 1997 c. 68, s. 2AA(2)(3) (as inserted) by 2023 c. 37 s. 53(5)

Illegal Migration Act 2023
Introduction
1Introduction
Duty to make arrangements for removal
2Duty to make arrangements for removal
3Amendment of date in section 2(3) etc
4Unaccompanied children and power to provide for exceptions
5Disregard of certain claims, applications etc
6Removal for the purposes of section 2 or 4
7Powers to amend Schedule 1
8Further provisions about removal
9Support where asylum claim inadmissible
10Other consequential amendments relating to removal
Detention, bail etc
11Powers of detention
12Period for which persons may be detained
13Powers to grant immigration bail
14Disapplication of duty to consult Independent Family Returns Panel
15Electronic devices etc
Unaccompanied children
16Accommodation and other support for unaccompanied migrant children
17Transfer of children from Secretary of State to local authority and vice versa
18Duty of local authority to provide information to the Secretary of State
19Enforcement of local authorities’ duties under sections 17 and 18
20Extension to Wales, Scotland and Northern Ireland
21Transfer of children between local authorities
Modern slavery
22Provisions relating to removal and leave
23Provisions relating to support: England and Wales
24Provisions relating to support: Scotland
25Provisions relating to support: Northern Ireland
26Suspension and revival of sections 22 to 25
27Procedure for certain regulations under section 26
28Amendments relating to sections 22 to 25
29Disapplication of modern slavery provisions
Entry, settlement and citizenship
30Entry into and settlement in the United Kingdom
31Persons prevented from obtaining British citizenship etc
32British citizenship
33British overseas territories citizenship
34British overseas citizenship
35British subjects
36Disapplication of sections 32 to 35
37Amendments relating to sections 32 to 36
Legal proceedings
38Suspensive claims: interpretation
39Serious harm suspensive claims: interpretation
40Meaning of “serious and irreversible harm”
41Relationship with other proceedings
42Serious harm suspensive claims
43Removal conditions suspensive claims
44Appeals in relation to suspensive claims
45Permission to appeal in relation to suspensive claims certified as clearly unfounded
46Suspensive claims out of time
47Suspensive claims: duty to remove
48Upper Tribunal consideration of new matters
49Appeals in relation to suspensive claims: timing
50Procedure for Tribunal Procedure Rules
51Finality of certain decisions by the Upper Tribunal
52Judges of First-tier Tribunal and Upper Tribunal
53Special Immigration Appeals Commission
54Interim remedies
55Interim measures of the European Court of Human Rights
56Legal aid
Age assessments etc
57Decisions relating to a person’s age
58Age assessments: power to make provision about refusal to consent to scientific methods
Inadmissibility of certain asylum and human rights claims
59Inadmissibility of certain asylum and human rights claims
Safe and legal routes
60Cap on number of entrants using safe and legal routes
61Report on safe and legal routes
Credibility of claimant
62Credibility of claimant: concealment of information etc
General
63Financial provision
64Consequential and minor provision
65Regulations
66Defined expressions
67Extent
68Commencement
69Short title
Schedules
Schedule 1Countries or territories to which a person may be removed
1Republic of Albania.
2Austria.
3Belgium.
4Bolivia.
5Bosnia and Herzegovina.
6Brazil.
7Bulgaria.
8Republic of Croatia.
9Republic of Cyprus.
10Czech Republic.
11Denmark.
12Ecuador.
13Estonia.
14Finland.
15France.
16Gambia (in respect of men).
17Germany.
18Ghana (in respect of men).
19Greece.
20Hungary.
21Iceland.
22India.
23Republic of Ireland.
24Italy.
25Jamaica.
26Kenya (in respect of men).
27Kosovo.
28Latvia.
29Liberia (in respect of men).
30Principality of Liechtenstein.
31Lithuania.
32Luxembourg.
33Malawi (in respect of men).
34Mali (in respect of men).
35Malta.
36Mauritius.
37The Republic of Moldova.
38Mongolia.
39Montenegro.
40Netherlands.
41Nigeria (in respect of men).
42North Macedonia.
43Norway.
44Peru.
45Poland.
46Portugal.
47Romania.
48Republic of Rwanda.
49Serbia.
50Sierra Leone (in respect of men).
51Slovak Republic.
52Slovenia.
53South Africa.
54South Korea.
55Spain.
56Sweden.
57Switzerland.
Schedule 2Electronic devices etc
1Introduction
2(1) In this Schedule— “appropriate adult”, in relation to a…
3Power to search relevant persons
4Power to search vehicles and containers
5Power to search premises
6Power to search property
7Power of seizure
8Power of retention
9Power to access, copy and use information stored on relevant article
10Relevant articles containing items subject to legal privilege
11Extension of powers to other persons

Royal arms

Illegal Migration Act 2023

2023 CHAPTER 37

An Act to make provision for and in connection with the removal from the United Kingdom of persons who have entered or arrived in breach of immigration control; to make provision about detention for immigration purposes; to make provision about unaccompanied children; to make provision about victims of slavery or human trafficking; to make provision about leave to enter or remain in the United Kingdom; to make provision about citizenship; to make provision about the inadmissibility of certain protection and certain human rights claims relating to immigration; to make provision about the maximum number of persons entering the United Kingdom annually using safe and legal routes; to make further provision about the credibility of claimants making asylum and human rights claims; and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—