An Act to make provision for and in connection with the removal from the United Kingdom of persons who have entered or arrived in breach of immigration control; to make provision about detention for immigration purposes; to make provision about unaccompanied children; to make provision about victims of slavery or human trafficking; to make provision about leave to enter or remain in the United Kingdom; to make provision about citizenship; to make provision about the inadmissibility of certain protection and certain human rights claims relating to immigration; to make provision about the maximum number of persons entering the United Kingdom annually using safe and legal routes; to make further provision about the credibility of claimants making asylum and human rights claims; and for connected purposes.
Enacted
[20th July 2023]
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1
1In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.)—ain paragraph 16 (powers to detain), after sub-paragraph (4) insert—
;
bafter paragraph 17 insert—2In paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation)—aafter sub-paragraph (3) insert—
;
bin sub-paragraph (4), for “17 to 18A” substitute “17, 18, 18A”.3In section 10(9) of the Immigration and Asylum Act 1999 (application of Schedule 2 to the Immigration Act 1971 in relation to persons unlawfully in the United Kingdom)—ain paragraph (b), for “16(2) to (4)” substitute “16(2) to (2B), (3) and (4)”;bafter paragraph (c) insert—
.
4In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)—aafter subsection (2M) (inserted by section 11(6)), insert—
;
bin subsection (3), in the opening words, after “under that Schedule” insert “, other than paragraph 17A,”.5In section 36 of the UK Borders Act 2007 (detention relating to deportation), after subsection (1) insert—6In regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as it continues to have effect following its revocation (person subject to removal), for paragraph (1) substitute—
I1229 Disapplication of modern slavery provisions¶
1Section 63 of the Nationality and Borders Act 2022 (identified potential victims of slavery or human trafficking: disqualification from protection) is amended as follows.2In subsection (1)—afor “may” substitute “must”, andbafter paragraph (b) insert—3After subsection (2) insert—4In subsection (3)—afor paragraph (f) substitute—
, and
bafter paragraph (f) insert—
.
5After subsection (5) insert—6An amendment made by a provision of this section applies in relation to a person whether a positive reasonable grounds decision or a positive conclusive grounds decision within the meaning of Part 5 of the Nationality and Borders Act 2022 was made in relation to the person before or after the coming into force of the provision making the amendment.
Inadmissibility of certain asylum and human rights claims¶
I2I1159 Inadmissibility of certain asylum and human rights claims¶
1Part 4A of the Nationality, Immigration and Asylum Act 2002 (inadmissible asylum claims) is amended as follows.2In section 80A (asylum claims by EU nationals)—ain subsection (1)—iafter “claim” insert “or a human rights claim”;iifor “member State” substitute “State listed in section 80AA(1)”;bin subsection (2), for “An asylum” substitute “A”;cin subsection (3)—ifor “an asylum” substitute “a”;iiafter “82(1)(a)” insert “or (b)”;iiiafter “protection claim” insert “or human rights claim”;din subsection (5)—iin the words before paragraph (a), omit from “where” to “national”;iiin paragraph (a), at the beginning insert “in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State”;iiiin paragraph (b), at the beginning insert “in a case where the claimant is a national of a member State, where that State”;ein subsection (6)—iafter “this section” insert “and section 80AA”;iiafter “claim”,” insert ““human rights claim”,”;iiiat the appropriate place insert—
;
ffor the heading, substitute “Claims by nationals of listed safe States”.3After section 80A insert—4In the heading to Part 4A, after “Asylum” insert “and Human Rights”.
I16I560 Cap on number of entrants using safe and legal routes¶
1The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually using safe and legal routes (see subsection (7)).2Before making the regulations the Secretary of State must consult—ain England and Wales and Scotland, such representatives of local authorities as the Secretary of State considers appropriate,bthe Executive Office in Northern Ireland, andcsuch other persons or bodies as the Secretary of State considers appropriate.3But the duty to consult does not apply where the Secretary of State considers that the number needs to be changed as a matter of urgency.4The Secretary of State must begin the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of 3 months beginning with the day on which this Act is passed.5If in any year the number of persons who enter the United Kingdom using safe and legal routes exceeds the number specified in the regulations, the Secretary of State must lay a statement before Parliament—asetting out the number of persons who have, in that year, entered the United Kingdom using safe and legal routes, andbexplaining why the number exceeds that specified in the regulations.6The statement must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.I167In this section—
“local authority” means—
in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and
in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
“safe and legal route” means a route specified in regulations made by the Secretary of State.
I8I662 Credibility of claimant: concealment of information etc¶
1Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended as follows.2In subsection (3)—ain paragraphs (a) and (c) for “a passport” substitute “an identity document”;bin paragraph (b) for “passport” substitute “identity document”;cafter paragraph (d) (but before the “and”) insert—
.
3In subsection (7)—ainsert at the appropriate place—
;
;
bomit the definition of “passport”.4In subsection (8) for “A passport” substitute “An identity document”.
There is to be paid out of money provided by Parliament—aany expenditure incurred under or by virtue of this Act by a Minister of the Crown, andbany increase attributable to this Act in the sums payable under any other Act out of money so provided.
1The Secretary of State may by regulations make provision that is consequential on this Act.2Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.3In subsection (2) “enactment” includes—aan enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;ban enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;can enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;dan enactment contained in, or in an instrument made under, Northern Ireland legislation.4In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—aomit the “and” at the end of paragraph (l), andbafter paragraph (m) insert 5In Schedule 5 to the Nationality and Borders Act 2022, in paragraph 8, omit sub-paragraph (2).
1A power to make regulations under this Act is exercisable by statutory instrument.2Regulations under this Act may make—aconsequential, supplementary, incidental, transitional or saving provision;bdifferent provision for different purposes.3Subsection (2) does not apply to regulations under section 68(1) (commencement).4A statutory instrument containing (whether alone or with other provision)—aregulations under section 4(3)(d) (circumstances in which power to make arrangements for removal of unaccompanied child applies),bregulations under section 7(1) (powers to amend Schedule 1),cregulations under section 20(1) (extension to Wales, Scotland and Northern Ireland),dregulations under section 24(9) (amendments in consequence of regulations made by the Scottish Ministers),eregulations under section 26(3)(b) (continuation of operation of modern slavery provisions),fregulations under section 40 (meaning of “serious and irreversible harm”),gregulations under section 60 (cap on number of entrants using safe and legal routes),hregulations under section 64(1) (consequential provision) which amend, repeal or revoke primary legislation, oriregulations under paragraph 10 of Schedule 2 (powers relating to relevant articles containing items subject to legal privilege),may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.5Any other statutory instrument containing regulations under this Act for which no Parliamentary procedure is otherwise specified by this Act is subject to annulment in pursuance of a resolution of either House of Parliament.6Subsection (5) does not apply to a statutory instrument containing only regulations under—asection 26(8) (transitional etc provision in connection with suspension of operation of modern slavery provisions);bsection 68 (commencement).7In this section “primary legislation” means—aan Act of Parliament,ban Act of the Scottish Parliament,ca Measure or Act of Senedd Cymru, ordNorthern Ireland legislation.
1This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.2Section 23 extends to England and Wales only.3Section 24 extends to Scotland only.4Section 25 extends to Northern Ireland only.5Subsections (7) to (10) of section 4 (and section 65 so far as applying to those subsections) also extend to the Channel Islands and the Isle of Man and the British overseas territories, but only so as to enable regulations under subsection (7) of section 4 to make provision for any of sections 31 to 36 to have effect with modifications in relation to a person to whom regulations under that subsection apply.6Sections 31 to 37 also extend to the Channel Islands and the Isle of Man and the British overseas territories.7His Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.8Subsection (7) does not apply to—asections 4(7) to (10) and 65, so far as they extend to the Channel Islands and the Isle of Man by virtue of subsection (5), orbsections 31 to 37.9Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.10A power under any provision listed in subsection (11) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (11) relates.11Those provisions are—asection 36 of the Immigration Act 1971,bsection 9(3) of the Special Immigration Appeals Commission Act 1997,csection 170(7) of the Immigration and Asylum Act 1999,dsection 163(4) of the Nationality, Immigration and Asylum Act 2002,esection 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,fsection 60(4) of the UK Borders Act 2007,gsection 57(5) of the Borders, Citizenship and Immigration Act 2009,hsection 60(6) of the Modern Slavery Act 2015,isection 95(5) of the Immigration Act 2016, andjsection 86(4) of the Nationality and Borders Act 2022.
1Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.2Regulations under subsection (1) may appoint different days for different purposes.3The following provisions come into force on the day on which this Act is passed—asections 30 to 37;bsection 52;csections 63 to 67;dthis section;esection 69.4The following provisions come into force on the day on which this Act is passed for the purposes of making regulations—asection 3 (amendment of date in section 2(3) etc);bsection 4 (unaccompanied children and power to provide for exceptions);csection 7 (powers to amend Schedule 1);dsection 11(2) (detention under authority of immigration officer);esection 11(6) (detention under authority of Secretary of State);fsection 18 (duty of local authority to provide information to Secretary of State);gsection 20 (extension of provisions relating to unaccompanied children to Wales, Scotland and Northern Ireland);hsection 24 (modern slavery: support in Scotland);isection 40 (meaning of “serious and irreversible harm”);jsection 42 (serious harm suspensive claims);ksection 43 (removal conditions suspensive claims);lsection 60(7) (definition of safe and legal routes).5The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.