Legislation – Nationality and Borders Act 2022

PART 1
Nationality

1 Historical inability of mothers to transmit citizenship

2 Historical inability of unmarried fathers to transmit citizenship

3 Provision for Chagos Islanders to acquire British Nationality

4 Sections 1 to 3: related British citizenship

5 Period for registration of person born outside the British overseas territories

6 Disapplication of historical registration requirements

7 Citizenship where mother married to someone other than natural father

8 Citizenship: registration in special cases

9 Requirements for naturalisation etc

10 Notice of decision to deprive a person of citizenship

11 Citizenship: stateless minors

PART 2
Asylum

12 Differential treatment of refugees

13 Accommodation for asylum-seekers etc

14 Requirement to make asylum claim at “designated place”

15 Asylum claims by EU nationals: inadmissibility

16 Asylum claims by persons with connection to safe third State: inadmissibility

17 Clarification of basis for support where asylum claim inadmissible

18 Provision of evidence in support of protection or human rights claim

19 Asylum or human rights claim: damage to claimant’s credibility

20 Priority removal notices

21 Priority removal notices: supplementary

22 Late compliance with priority removal notice: damage to credibility

23 Priority removal notices: expedited appeals

24 Expedited appeals: joining of related appeals

25 Civil legal services for recipients of priority removal notices

26 Late provision of evidence in asylum or human rights claim: weight

27 Accelerated detained appeals

28 Claims certified as clearly unfounded: removal of right of appeal

29 Removal of asylum seeker to safe country

30 Refugee Convention: general

31 Article 1(A)(2): persecution

32 Article 1(A)(2): well-founded fear

33 Article 1(A)(2): reasons for persecution

34 Article 1(A)(2): protection from persecution

35 Article 1(A)(2): internal relocation

36 Article 1(F): disapplication of Convention in case of serious crime etc

37 Article 31(1): immunity from penalties

38 Article 33(2): particularly serious crime

39 Interpretation of Part 2

PART 3
Immigration Control

40 Illegal entry and similar offences

41 Assisting unlawful immigration or asylum seeker

42 Penalty for failure to secure goods vehicle

43 Working in United Kingdom waters: arrival and entry

44 Power to search container unloaded from ship or aircraft

45 Maritime enforcement

46 Removals: notice requirements

47 Prisoners liable to removal from the United Kingdom

48 Matters relevant to decisions relating to immigration bail

PART 4
Age Assessments

49 Interpretation of Part etc

50 Persons subject to immigration control: referral or assessment by local authority etc

51 Persons subject to immigration control: assessment for immigration purposes

52 Use of scientific methods in age assessments

53 Regulations about age assessments

54 Appeals relating to age assessments

55 Appeals relating to age assessments: supplementary

56 New information following age assessment or appeal

57 Civil legal services relating to age assessments

PART 5
Modern Slavery

58 Provision of information relating to being a victim of slavery or human trafficking

59 Late compliance with slavery or trafficking information notice: damage to credibility

60 Identification of potential victims of slavery or human trafficking

61 Identified potential victims of slavery or human trafficking: recovery period

62 No entitlement to additional recovery period etc

63 Identified potential victims etc: disqualification from protection

64 Identified potential victims etc in England and Wales: assistance and support

65 Leave to remain for victims of slavery or human trafficking

66 Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism

67 Civil legal services under section 10 of LASPO: add-on services in relation to national referral mechanism

68 Disapplication of retained EU law deriving from Trafficking Directive

69 Part 5: interpretation

PART 6
Miscellaneous

70 Visa penalty provision: general

71 Visa penalties for countries posing risk to international peace and security etc

72 Removals from the UK: visa penalties for uncooperative countries

73 Visa penalties under section 71: review and revocation

74 Visa penalties under section 72: review and revocation

75 Electronic travel authorisations

76 Liability of carriers

77 Special Immigration Appeals Commission

78 Counter-terrorism questioning of detained entrants away from place of arrival

79 References to justices of the peace in relation to Northern Ireland

80 Tribunal charging power in respect of wasted resources

81 Tribunal Procedure Rules to be made in respect of costs orders etc

82 Pre-consolidation amendments of immigration legislation

PART 7
General

83 Financial provision

84 Transitional and consequential provision

87 Commencement

SCHEDULES

SCHEDULE 1 Waiver of requirement of presence in UK etc

SCHEDULE 2 Deprivation of Citizenship without notice: judicial oversight

SCHEDULE 3 Expedited appeals where priority removal notice served: consequential amendments

SCHEDULE 4 Removal of asylum seeker to safe country

SCHEDULE 5 Penalty for failure to secure goods vehicle etc

SCHEDULE 6 Working in United Kingdom waters: consequential and related amendments

SCHEDULE 7 Maritime enforcement

SCHEDULE 8 Prisoners returning to the UK: Modifications of Criminal Justice Act 2003

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Nationality and Borders Act 2022, Section 34 is up to date with all changes known to be in force on or before 28 October 2025. 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

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PART 2Asylum

Interpretation of Refugee Convention

34Article 1(A)(2): protection from persecution

(1)

For the purposes of Article 1(A)(2) of the Refugee Convention, protection from persecution can be provided by—

(a)

the State, or

(b)

any party or organisation, including any international organisation, controlling the State or a substantial part of the territory of the State.

(2)

An asylum seeker is to be taken to be able to avail themselves of protection from persecution if—

(a)

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

(b)

the asylum seeker is able to access the protection.