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:

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Introduction

1Introduction

(1)

The purpose of this Act is to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by requiring the removal from the United Kingdom of certain persons who enter or arrive in the United Kingdom in breach of immigration control.

(2)

To advance that purpose, this Act—

(a)

places a duty on the Secretary of State to make arrangements for the removal of certain persons who enter or arrive in the United Kingdom in breach of immigration control as soon as is reasonably practicable after their entry or arrival, subject only to the exceptions specified by or under this Act;

(b)

provides for protection claims and certain human rights claims made by persons who meet the conditions for removal under this Act to be inadmissible;

(c)

provides for the detention of persons who are subject to removal under this Act;

(d)

provides for protections and entitlements to assistance and support which are available to victims of modern slavery or human trafficking not to apply to persons who are subject to removal under this Act;

(e)

prevents persons who meet the conditions for removal under this Act from being given leave to enter or remain in the United Kingdom;

(f)

prevents persons who meet the conditions for removal under this Act from settling in the United Kingdom or obtaining citizenship;

(g)

provides a procedure for persons who are subject to removal under this Act to challenge their removal by means of a suspensive claim (as defined in section 38);

(h)

has the effect that all other legal challenges to the removal of persons under this Act do not suspend the duty to make arrangements for their removal.

(3)

Accordingly, and so far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1).

(4)

In addition, this Act makes provision—

(a)

about the period for which persons may be detained in immigration detention;

(b)

for protections that apply to victims of modern slavery or human trafficking not to apply to persons who are a threat to public order or who have claimed to be victims in bad faith unless compelling circumstances apply;

(c)

for persons who have been sentenced to a period of imprisonment for an offence or who are liable to deportation to be deemed to be a threat to public order for the purposes of the disapplication of those protections;

(d)

for asylum claims and human rights claims made by nationals of certain safe States to be inadmissible;

(e)

for the maximum number of persons who may enter the United Kingdom annually using safe and legal routes to be specified in regulations which are subject to approval by Parliament;

(f)

for certain kinds of behaviour relating to an identity document or electronic information by a person who makes an asylum claim or a human rights claim to be taken into account as damaging the claimant’s credibility.

(5)

Section 3 of the Human Rights Act 1998 (interpretation of legislation) does not apply in relation to provision made by or by virtue of this Act.

Annotations:
Commencement Information

I1S. 1 not in force at Royal Assent, see s. 68(1)