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Part 2Asylum and immigration

Repeal of immigration legislation

40Repeal of the Safety of Rwanda (Asylum and Immigration) Act 2024

The Safety of Rwanda (Asylum and Immigration) Act 2024 is repealed.

41Repeal of certain provisions of the Illegal Migration Act 2023

(1)

The following provisions of the Illegal Migration Act 2023 are repealed—

(a)

sections 1 to 6 and Schedule 1;

(b)

sections 7 to 11;

(c)

sections 13 to 15 and Schedule 2;

(d)

sections 16 to 28;

(e)

sections 30 to 51;

(f)

sections 53 to 58;

(g)

section 61;

(h)

section 66.

(2)

Section 8AA of the Immigration Act 1971 (persons ineligible for leave to enter and remain, entry clearance and ETA) (inserted by section 30(3) of the Illegal Migration Act 2023) is to be treated as never having been in force.

42Sections 40 and 41: consequential amendments

(1)

In the Immigration Act 1971—

(a)

in section 8(1) (exceptions for seamen and aircrews) omit paragraph (d) and the “or” before it;

(b)

omit section 8AA (persons ineligible for leave to enter and remain, entry clearance and ETA);

(c)

in paragraph 17A of Schedule 2 (periods for which persons may be detained)—

(i)

in sub-paragraph (2) omit “(2C),”;

(ii)

in sub-paragraph (3) omit paragraph (d).

(2)

In the British Nationality Act 1981—

(a)

in section 3 (acquisition of British citizenship by registration: minors) omit subsection (7);

(b)

in section 4 (acquisition of British citizenship by registration: British overseas territories citizens etc) omit subsection (7);

(c)

in section 4A (acquisition of British citizenship by registration: further provision for British overseas territories citizens) omit subsection (3);

(d)

in section 4AA (acquisition of British citizenship by registration: Irish citizens) (as inserted by section 1(2) of the British Nationality (Irish Citizens) Act 2024) omit subsection (4);

(e)

in section 5 (acquisition of British citizenship by registration: British overseas territories citizens having connection with Gibraltar) omit “Subject to sections 31, 32 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(f)

in section 6 (acquisition of British citizenship by naturalisation) omit subsection (3);

(g)

in section 10 (registration as British citizen following renunciation of citizenship of UK etc) omit subsection (5);

(h)

in section 13 (resumption of British citizenship) omit subsection (4);

(i)

in section 17 (acquisition of British overseas territories citizenship by registration: minors) omit subsection (7);

(j)

in section 18 (acquisition of British overseas territories citizenship by naturalisation) omit subsection (4);

(k)

in section 22 (right to registration as British overseas territories citizen replacing right to resume citizenship of UK etc) omit subsection (5);

(l)

in section 24 (renunciation and resumption of British overseas territories citizenship) omit “Subject to sections 31, 33 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(m)

in section 27 (registration of minors as British overseas citizens), in subsection (1), omit “Subject to sections 31, 34 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”;

(n)

in section 32 (registration of minors as British subjects) omit “Subject to sections 31, 35 and 36 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”.

(3)

In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)—

(a)

in subsection (2O), for “to (2A)” substitute “and (2)”;

(b)

in subsection (2P) omit paragraph (b).

(4)

In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”), omit paragraph (o).

Immigration advisers and immigration service providers

43Immigration advisers and immigration service providers

Schedule 1 contains amendments of Part 5 of the Immigration and Asylum Act 1999 (immigration advisers and immigration service providers) and certain related amendments of other provision.

Deportation etc

44Detention and exercise of functions pending deportation

(1)

Paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation) is amended in accordance with subsections (2) to (5).

(2)

For sub-paragraph (2) substitute—

“(2)

A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—

(a)

while the Secretary of State considers whether to make a deportation order against P, and

(b)

where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order.

(2A)

Sub-paragraph (2) applies only if—

(a)

the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or

(b)

where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.”

(3)

In sub-paragraph (3A), for “the deportation order” substitute “the decision whether to make a deportation order, or the deportation order,”.

(4)

In sub-paragraph (3B), after “prevents” insert “the decision or”.

(5)

In sub-paragraph (3D), after “considers that” insert “the decision or”.

(6)

Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections (7) to (9).

(7)

In subsection (7)—

(a)

in paragraph (c), for the words from “has decided” to the end of the paragraph substitute “—

(i)

is considering whether to make a deportation order,

(ii)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act applies;”, and

(b)

in paragraph (f)(ii), after “(c)(i)” insert “or (iii)”.

(8)

In subsection (8), in paragraph (c), for the words from “, when” to the end of the paragraph substitute “—

(i)

when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);”.

(9)

In subsection (9)(c)—

(a)

before sub-paragraph (i) insert—

“(zi)

the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,”, and

(b)

in sub-paragraph (i), after “(7)(c)” insert “(iii) or (iv)”.

(10)

Regulation 2 of the Immigration (Collection, Use and Retention of Biometric Information and Related Amendments) Regulations 2021 (S.I. 2021/772) (photographs) is amended in accordance with subsections (11) to (13).

(11)

In paragraph (7)—

(a)

for sub-paragraph (c) substitute—

“(c)

any person (“C”) in respect of whom the Secretary of State—

(i)

is considering whether to make a deportation order,

(ii)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(iii)

has decided to make a deportation order, or

(iv)

has decided that section 32(5) of that Act applies;”, and

(b)

in sub-paragraph (g)(ii), after “(c)(i)” insert “or (iii)”.

(12)

In paragraph (11), in sub-paragraph (c), for the words from “, when” to the end of the sub-paragraph substitute “—

(i)

when C is notified of the matter mentioned in paragraph (7)(c)(i) or (ii), or

(ii)

if no such notification is given to C, when C is notified of the decision mentioned in paragraph (7)(c)(iii) or (iv);”.

(13)

In paragraph (12)(a)(iii)—

(a)

before sub-paragraph (aa) insert—

“(zaa)

the time when C is notified of the Secretary of State’s decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C;”, and

(b)

in sub-paragraph (aa), for “(7)(c)(i)” substitute “(7)(c)(iii) or (iv)”.

(14)

Section 51 of the Immigration Act 2016 (search for nationality documents by detainee custody officers etc) is amended in accordance with subsections (15) and (16).

(15)

In subsection (2)—

(a)

for paragraph (b) substitute—

“(b)

in respect of whom the Secretary of State—

(i)

is considering whether to make a deportation order under section 5(1) of that Act,

(ii)

has decided to make such a deportation order, or

(iii)

has made such a deportation order, or”,

(b)

omit paragraph (c) and the “or” at the end of that paragraph, and

(c)

for paragraph (d) substitute—

“(d)

in respect of whom the Secretary of State—

(i)

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

(ii)

has decided that section 32(5) of that Act applies, or

(iii)

has made such a deportation order in accordance with section 32(5) of that Act.”

(16)

After subsection (4) insert—

“(4A)

The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a)

the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or

(b)

where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.

(4B)

The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a)

the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or

(b)

where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.”

(17)

The amendments made by subsections (1) to (13) are to be treated as always having had effect.

EU Settlement Scheme

45EU Settlement Scheme: rights of entry and residence etc

(1)

For the purposes of this section “relevant citizens’ rights” means the rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)

are recognised and available in domestic law by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018, and

(b)

are derived from—

(i)

Title 2 of Part 2 of the withdrawal agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part,

(ii)

Title 2 of Part 2 of the EEA EFTA separation agreement or Title 1 or 4 of Part 2 of that agreement so far as relating to Title 2 of that Part, or

(iii)

Article 4(2), 7 or 8 or Chapter 1 of Title 2 of Part 2 of the Swiss citizens’ rights agreement or Title 1 of Part 2 of that agreement so far as relating to Chapter 1 of Title 2 of that Part.

(2)

Subsection (5) applies to a person (“P”) where—

(a)

P has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(b)

the leave was granted to P on the basis of requirements which included that P is a relevant national or is (or was) a family member of a person who is (or was) a relevant national,

(c)

each of the requirements on the basis of which P’s leave was granted was in fact met,

(d)

either—

(i)

in a case where P’s leave was not granted on the basis that P is (or was) a joining family member of a relevant sponsor, P was resident in the United Kingdom or the Islands immediately before the end of the implementation period, or

(ii)

in a case where P’s leave was granted on the basis that P is (or was) a joining family member of a relevant sponsor, the relevant sponsor was resident in the United Kingdom or the Islands immediately before the end of the implementation period, and

(e)

the residency mentioned in paragraph (d) was not relevant residency.

(3)

For the purposes of subsection (2)—

(a)

a person is to be treated as a family member of another person if they are treated as the family member of that person by residence scheme immigration rules;

(b)

“joining family member” and “relevant sponsor” have the same meaning as in residence scheme immigration rules;

(c)

a person is to be treated as resident in the United Kingdom or the Islands immediately before the end of the implementation period even if they were temporarily absent from the United Kingdom or the Islands at that time if their absence was permitted for the purposes of establishing or maintaining eligibility for leave under residence scheme immigration rules;

(d)

“relevant national” means a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland.

(4)

In this section “relevant residency” means—

(a)

residency in accordance with Union law (within the meaning of the withdrawal agreement),

(b)

residency in accordance with the EEA Agreement (within the meaning of the EEA EFTA separation agreement), or

(c)

residency in accordance with the FMOPA (within the meaning of the Swiss citizens’ rights agreement).

(5)

Relevant citizens’ rights—

(a)

are capable of accruing and applying to a person to whom this subsection applies notwithstanding that the residency mentioned in subsection (2)(d) was not relevant residency, and

(b)

are to be enforced, allowed and followed accordingly.

(6)

Every enactment (including an enactment contained in this Act) is to be read and has effect subject to subsection (5).

(7)

In this section—

“EEA EFTA separation agreement” has the same meaning as in the
European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

“enactment” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 20(1) of that Act);

“the implementation period” has the same meaning as in the European Union (Withdrawal) Act 2018 (see section 1A(6) of that Act);

“the Islands” means the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man;

“residence scheme immigration rules” has the same meaning as in Part 3 of the European Union (Withdrawal Agreement) Act 2020 (see section 17 of that Act);

“Swiss citizens’ rights agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

“withdrawal agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) and (6) of that Act).

Conditions on leave and bail

46Conditions on limited leave to enter or remain and immigration bail

(1)

The Immigration Act 1971 is amended in accordance with subsections (2) and (3).

(2)

In section 3 (general provisions for regulation and control)—

(a)

in subsection (1)(c)—

(i)

omit the “and” at the end of sub-paragraph (iv), and

(ii)

at the end of sub-paragraph (v) insert—

“(vi)

an electronic monitoring condition (see Schedule 1A);

(vii)

a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

(viii)

a condition requiring the person to remain within a particular area;

(ix)

a condition prohibiting the person from being in a particular area;

(x)

such other conditions as the Secretary of State thinks fit.”, and

(b)

after subsection (1) insert—

“(1A)

A condition under any of sub-paragraphs (vi) to (x) of subsection (1)(c) may be attached to limited leave to enter or remain in the United Kingdom given to a person only if the Secretary of State considers that—

(a)

the person poses a threat to national security,

(b)

the person poses a threat to the safety of the public, a section of the public, a particular individual or particular individuals,

(c)

the person has committed an offence that is specified, or falls within a description specified, in Schedule 1 to the Serious Crime Act 2007 (serious offences),

(d)

the person has committed—

(i)

an offence that is specified in Part 2 of Schedule 18 to the Sentencing Code (specified sexual offences),

(ii)

a sexual offence for the purposes of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences), or

(iii)

an offence that is specified in Part 2 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (specified sexual offences), or

(e)

the person—

(i)

has committed, or is suspected of having committed, an offence outside the United Kingdom, and

(ii)

the act constituting the offence would, if it had been done in any part of the United Kingdom, have constituted an offence within paragraph (c) or (d) (other than an offence within paragraph (xxviii) of the definition of “sexual offence” in section 210A(10) of the Criminal Procedure (Scotland) Act 2010).

(1B)

For the purposes of subsection (1A)(e) an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law however it is described in that law.”

(3)

Before Schedule 2 insert—

“Schedule 1AElectronic monitoring conditions

Section 3(1)(c)(vi)

1

For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—

(a)

P’s location at specified times, during specified periods of time or while the arrangements are in place;

(b)

P’s presence in a location at specified times, during specified periods of time or while the arrangements are in place;

(c)

P’s absence from a location at specified times, during specified periods of time or while the arrangements are in place.

2

The arrangements may in particular—

(a)

require P to wear a device;

(b)

require P to make specified use of a device;

(c)

require P to communicate in a specified manner and at specified times or during specified periods;

(d)

involve the exercise of functions by persons other than the Secretary of State.

3

If the arrangements require P to wear, or make specified use of, a device they must—

(a)

prohibit P from causing or permitting damage to, or interference with, the device, and

(b)

prohibit P from taking or permitting action that would or might prevent the effective operation of the device.

4

An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.

5

In this Schedule “specified” means specified in the arrangements.”

(4)

In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 2(1) (conditions of bail), after paragraph (e) insert—

“(ea)

a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

(eb)

a condition requiring the person to remain within a particular area;

(ec)

a condition prohibiting the person from being in a particular area;”.

Powers to take biometric information

47Powers to take biometric information

(1)

Section 141 of the Immigration and Asylum Act 1999 (fingerprinting) is amended in accordance with subsections (2) to (5).

(2)

In subsection (5)—

(a)

omit the “or” at the end of paragraph (d), and

(b)

after paragraph (e) insert—

“(f)

a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a short-term holding facility contract; or

(g)

a person of a description specified in regulations made by the Secretary of State.”

(3)

After subsection (6) insert—

“(6A)

In this section—

(a)

“short-term holding facility” has the same meaning as in Part 8,

(b)

“short-term holding facility contract” means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and

(c)

“contractor”, in relation to a short-term holding facility which is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.”

(4)

In subsection (12)—

(a)

in paragraph (b), for “or (e)” substitute “, (e) or (f)”, and

(b)

after paragraph (d) insert—

“(e)

if the authorised person is specified in regulations made by the Secretary of State under subsection (5)(g), by a person, or a person of a description, specified in such regulations.”

(5)

Omit subsection (17).

(6)

In section 144(1) of the Immigration and Asylum Act 1999 (power to make provision equivalent to sections 141 and 142 in relation to other biometric information), after “142” insert “, or to provision made under section 141,”.

Employment

48Extension of prohibition on employment to other working arrangements

(1)

The Immigration, Asylum and Nationality Act 2006 is amended as follows.

(2)

In the italic heading before section 15, after “Employment” insert “and other working arrangements”.

(3)

Before section 15, after the italic heading insert—

“14AApplication of sections 15 to 24 to other working arrangements

(1)

In sections 15 to 24, a reference to a person employing another person includes a reference to—

(a)

a person (“person A”) engaging an individual (“individual A”) under a worker’s contract,

(b)

a person (“person B”) engaging an individual sub-contractor (“individual B”), and

(c)

an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers.

(2)

Accordingly—

(a)

references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection;

(b)

references in those sections to an employer include person A, person B or person C;

(c)

references in those sections to an employee include individual A, individual B or individual C.

(3)

In this section—

“worker’s contract” means a contract, other than a contract of service or apprenticeship, under which—

(a)

individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and

(b)

person A is neither a client nor customer of any profession or business undertaking carried on by individual A;

“individual sub-contractor” means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not;

“online matching service” means a person who, in the course of a business—

(a)

keeps a register of service providers for the purpose of matching them with potential clients or customers,

(b)

provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers, and

(c)

charges a fee or commission in return for making such matches;

“service provider” means a person providing, or seeking to provide, work or services for remuneration.

(4)

Subsection (1)(a), and subsection (2) so far as it has effect in consequence of subsection (1)(a), do not apply if and to the extent that—

(a)

under the worker’s contract, individual A undertakes to do or perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and

(b)

the status of a person for whom individual A does or performs work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A.

(5)

In this section a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing.

(6)

This section is subject to subsection (2) of section 15A (which provides for subsection (1)(a) of that section not to apply in relation to an online matching service).”

(4)

After section 15 insert—

“15AExtension of liability under section 15

(1)

Subsection (4) applies where a person (“A”)—

(a)

employs an individual to provide work or services, or

(b)

is contracted to provide, or arrange for the provision of, work or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services).

(2)

The reference in subsection (1)(a) to A employing an individual does not include A doing so as mentioned in section 14A(1)(c) (online matching services).

(3)

Subsection (4) also applies where—

(a)

a person (“A”) is an online matching service who provides the details of another person who is a service provider to potential clients or customers, and

(b)

as a result of being matched by person A, the service provider enters into a contract with a client or customer for the provision of work or services.

(4)

For the purposes of section 15, and where this would not otherwise be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where—

(a)

A is not in a contractual relationship with B, or

(b)

A does not know that B is providing the work or services (or part of the work or services).

(5)

Subsection (4) applies where A is contracted to provide, or arrange for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services).

(6)

This section does not affect the liability of any other employer under section 15.

(7)

In sections 15, 16, 17, 23 and 24 a reference to a person employing another person includes a reference to a person who is treated as doing so by virtue of subsection (4); and references in those sections to employment, employers and employees are to be construed accordingly.

(8)

In this section “online matching service” and “service provider” have the same meaning as in section 14A.”

(5)

In section 25—

(a)

in paragraph (b), at the beginning insert “subject to sections 14A and 15A,”,

(b)

in paragraph (b), omit from “whether” to the end of the paragraph, and

(c)

after that paragraph insert—

“(ba)

a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing,”.

Appeals

49Timeframe for determination of appeal brought by appellant receiving accommodation support

After section 86 of the Nationality, Immigration and Asylum Act 2002 insert—

“86ATimeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support

(1)

This section applies on an appeal under section 82(1)(a) brought by a person to whom, at the time the appeal is instituted, accommodation is being provided under section 95 or 98 of the Immigration and Asylum Act 1999.

(2)

The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.

(3)

But subsection (2) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.”

50Timeframe for determination of certain appeals brought by non-detained appellants liable to deportation

(1)

After section 86A of the Nationality, Immigration and Asylum Act 2002 (as inserted by section 49) insert—

“86BTimeframe for determination of appeal brought by certain non-detained appellants liable to deportation

(1)

This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).

(2)

A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—

(a)

is not detained (whether under any provision of the Immigration Acts or otherwise),

(b)

has been convicted of an offence (whether in or outside the United Kingdom), and

(c)

is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).

(3)

The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.

(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.”

(2)

In Schedule 2 to the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (application of the 2002 Act to appeals to the Tribunal)—

(a)

in paragraph 1, after paragraph (b) insert—

“(ba)

section 86B;”;

(b)

in paragraph 3, after sub-paragraph (5) insert—

“(5A)

Section 86B has effect as if for subsection (4) there were substituted—

“(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.”

(3)

In Schedule 2 to the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals to the First-tier Tribunal), as it continues to have effect following its revocation, after paragraph 1 insert—

“1A

Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—

“(4)

But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.”

Refugee Convention

51Refugee Convention: particularly serious crime

(1)

Section 72 of the Nationality, Immigration and Asylum Act 2002 (construction and application of Article 33(2) of Refugee Convention) is amended as follows.

(2)

After subsection (5) insert—

“(5ZA)

A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—

(a)

the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and

(b)

the person is not, by virtue of the conviction, a person falling within subsection (2).

(5ZB)

A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—

(a)

the person is convicted outside the United Kingdom of an offence,

(b)

the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and

(c)

the person is not, by virtue of the conviction, a person falling within subsection (3).”

(3)

After subsection (5A) insert—

“(5B)

A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.”

(4)

In subsection (6), for “subsection (5A)” substitute “subsection (5ZA) or (5ZB) that a person has been convicted by a final judgment of a particularly serious crime or under subsection (5A) or (5B)”.

(5)

In subsection (7), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

(6)

In subsection (8), after “(5A)” insert “or (5B)”.

(7)

In subsection (9)(b), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.

(8)

In subsection (10)(b), for “(5A)” substitute “(5ZA), (5ZB), (5A) or (5B)”.