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

Entry, settlement and citizenship

30Entry into and settlement in the United Kingdom

(1)

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

(2)

In section 8(1) (exceptions for seamen, aircrews and other special cases), at the end of paragraph (c) insert “or

(d)

the person has ever met the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), reading subsection (3) of that section as if it referred to a person entering or arriving in the United Kingdom as mentioned in subsection (2) of that section on or after 7 March 2023;”.

(3)

After section 8A, insert—

“8AAPersons ineligible for leave to enter and remain, entry clearance and ETA

(1)

This section applies in relation to a person who has ever met the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), reading subsection (3) of that section as if it referred to a person entering or arriving in the United Kingdom as mentioned in subsection (2) of that section on or after 7 March 2023.

(2)

Subject to subsections (3) to (5), the person—

(a)

must not be given leave to enter or leave to remain in the United Kingdom, unless it is—

(i)

limited leave given under the immigration rules to a person within section 4(1) of that Act (unaccompanied children), or

(ii)

limited leave to remain given under section 65 of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking) as it has effect by virtue of section 22 of the Illegal Migration Act 2023 (provisions relating to removal and leave),

(b)

must not be granted an entry clearance, and

(c)

must not be granted an ETA.

(3)

The Secretary of State may give the person limited leave to enter the United Kingdom, or grant to the person an entry clearance or an ETA, if—

(a)

the person has left or been removed from the United Kingdom after having become a person within subsection (1), and

(b)

the Secretary of State considers that—

(i)

failure to give the leave or grant the entry clearance or ETA would contravene the United Kingdom’s obligations under the Human Rights Convention, or

(ii)

there are other exceptional circumstances which apply in relation to the person which mean that it is appropriate to give the leave or grant the entry clearance or ETA.

(4)

The Secretary of State may give the person limited leave to remain in the United Kingdom if—

(a)

the Secretary of State considers that failure to do so would contravene the United Kingdom’s obligations under the Human Rights Convention or any other international agreement to which the United Kingdom is a party, or

(b)

the Secretary of State has exercised the power in subsection (3) in respect of the person, and the Secretary of State considers that there are other exceptional circumstances which apply in relation to the person which mean that it is appropriate to give the person limited leave to remain.

(5)

The Secretary of State may give the person indefinite leave to remain in the United Kingdom if the Secretary of State considers that failure to do so would contravene the United Kingdom’s obligations under the Human Rights Convention.

(6)

In this section, “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950 as it has effect for the time being in relation to the United Kingdom.”

(4)

Until section 2(1) comes into force in relation to a person, section 8AA of the Immigration Act 1971 has effect in relation to that person as if it also permitted the Secretary of State to give the person limited leave to enter or limited leave to remain in the United Kingdom in any other circumstances, subject as follows.

(5)

If a person in relation to whom section 8AA of the Immigration Act 1971 applies leaves or is removed from the United Kingdom after having become such a person, subsection (4) of this section does not permit the Secretary of State to give the person limited leave to enter the United Kingdom if the person returns to the United Kingdom (but see section 8AA(3) of that Act).

(6)

If a person in relation to whom section 8AA of the Immigration Act 1971 applies is given limited leave to enter the United Kingdom under subsection (3) of that section, subsection (4) of this section does not permit the Secretary of State to give the person limited leave to remain in the United Kingdom (but see section 8AA(4) of that Act).

(7)

Any leave to enter or remain in the United Kingdom given to a person by virtue of subsection (4) is to be disregarded in determining, for the purposes of this Act or any other enactment, whether the person meets the four conditions in section 2.