Legislation – Nationality and Borders Act 2022
Changes to legislation:
Nationality and Borders Act 2022, Section 38 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 38:
- Act modified by S.I. 2008/680, Sch. 11 (as inserted) by S.I. 2025/1107 Sch.
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act modified by S.I. 2008/680, Sch. 11 (as inserted) by S.I. 2025/1107 Sch.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
PART 2Asylum
Interpretation of Refugee Convention
38Article 33(2): particularly serious crime
(1)
Section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal) is amended as follows.
(2)
In subsection (1), for “protection” substitute “prohibition of expulsion or return”
.
(3)
In subsection (2)—
(a)
in the words before paragraph (a)—
(i)
for “shall be presumed to have been” substitute “is”
;
(ii)
omit “and to constitute a danger to the community of the United Kingdom”;
(b)
in paragraph (b), for “two years” substitute “12 months”
.
(4)
In subsection (3)—
(a)
in the words before paragraph (a)—
(i)
for “shall be presumed to have been” substitute “is”
;
(ii)
omit “and to constitute a danger to the community of the United Kingdom”;
(b)
in paragraph (b), for “two years” substitute “12 months”
;
(c)
in paragraph (c), for “two years” substitute “12 months”
.
(5)
In subsection (4), in the words before paragraph (a)—
(a)
for “shall be presumed to have been” substitute “is”
;
(b)
omit “and to constitute a danger to the community of the United Kingdom”.
(6)
“(5A)
A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.”
(7)
In subsection (6), for “(2), (3) or (4)” substitute “(5A)”
.
(8)
In subsection (7), for “(2), (3) or (4)” substitute “(5A)”
.
(9)
In subsection (8), for “mentioned in subsection (6)” substitute “under subsection (5A)”
.
(10)
In subsection (9)(b), for “presumptions under subsection (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”
.
(11)
In subsection (10)(b), for “presumptions under subsections (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”
.
(12)
In subsection (11)(b)—
(a)
in the opening words, for “two years” substitute “12 months”
;
(b)
in sub-paragraph (ia), for “two years”, in both places it occurs, substitute “12 months”
;
(c)
in sub-paragraph (iii), for “two years” substitute “12 months”
.
(13)
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.