Legalize / United Kingdom / Public General Act

Nationality, Immigration and Asylum Act 2002

Type Public General Act

Publication 2002-11-07

Last updated 2025-12-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

[^key-071a5ea43909fb78d74215ac13bfa7d5]: Word in s. 72(7) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(8), 87(5)(d) (with s. 38(13))

[^key-16b5363874ec1f3191d33656dc2aef7e]: S. 72(5A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(6), 87(5)(d) (with s. 38(13))

[^key-ebf261a6d8f47bf499e9e45c6e5b4214]: Words in s. 72(8) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(9), 87(5)(d) (with s. 38(13))

[^key-3d638bac58e2b7b729bd24ea553bfab8]: Words in s. 72(9)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(10), 87(5)(d) (with s. 38(13))

[^key-46041941daeae9158cda36f124541fb7]: Words in s. 72(10)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(11), 87(5)(d) (with s. 38(13))

[^key-243717e9a30559fd1b35ce970252872d]: Words in s. 72(11)(b) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(12)(a), 87(5)(d) (with s. 38(13))

[^key-892c8a26a3f6633ad250d30bac956c83]: Words in s. 72(11)(b)(ia) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(12)(b), 87(5)(d) (with s. 38(13))

[^key-73344d17d6ada15ab1dd02a02095f829]: Words in s. 72(11)(b)(iii) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 38(12)(c), 87(5)(d) (with s. 38(13))

[^key-ccd5ff35765c6e6680c32a230fd93e7e]: Words in s. 92(3)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(a), 87(5)(a) (with s. 28(4))

[^key-9e6cb9b26e322ef38ee36e66d7794d8d]: S. 92(3)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 18(b)

[^key-bda38fa909333dc3ccb50c974c6aa27e]: Words in s. 92(2)(a) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(a), 87(5)(a) (with s. 28(4))

[^key-5672856af50cee77ee4e39f99e67aa03]: Word in s. 92(6) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(b), 87(5)(a) (with s. 28(4))

[^key-7a2b356944d3d6233b18786ca55abde3]: Word in s. 92(8) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(2)(b), 87(5)(a) (with s. 28(4))

[^key-e5ec51f2a264d66936c8c8327180ad2e]: S. 92(2)(b) and word omitted (28.6.2022) by virtue of Nationality and Borders Act 2022 (c. 36), s. 87(5)(b), Sch. 4 para. 18(a)

[^key-053c9df1c4d852f0e2fd7f3612574346]: S. 94(3A) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(3)(a), 87(5)(a) (with s. 28(4))

[^key-42f61032906789ff83a62dfed150535c]: Words in s. 94(4) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 28(3)(b), 87(5)(a) (with s. 28(4))

[^M_F_2f8df8d5-68c5-41cf-9f0f-9853642e6ed8]: S. 18(1ZA)(1ZB) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(5), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16

[^M_F_2b93d58a-afd2-47de-9c0e-9d357c374fbf]: Sch. 3 para. 17(2A)(2B) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(7), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16

[^M_F_f5998855-8d89-44b4-d350-5e3faf952e19]: Words in s. 21(3)(a) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 17(6), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 16

[^M_F_d1c15b53-b407-4c31-e629-bde039925299]: Pt. 4A inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 15(1), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 14 (with Sch. 2 para. 4(3))

[^M_F_1e063740-7b57-4588-c9c4-16e629bd52d9]: S. 77(2A)-(2C) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 4 para. 1; S.I. 2022/590, reg. 2, Sch. 1 para. 17 (with Sch. 2 para. 4(4))

[^M_F_66e19e9e-de22-48b7-c632-d603f137cda9]: Words in s. 77(3) substituted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 4 para. 2; S.I. 2022/590, reg. 2, Sch. 1 para. 17 (with Sch. 2 para. 4(4))

[^M_F_74f1fa68-75a8-4239-b560-babc6420fa1b]: Ss. 80B, 80C inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 16, 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 15 (with Sch. 2 para. 4(3))

[^M_F_74aad309-ea22-4aa8-d7b3-6217256660bf]: S. 126(2)(za) inserted (28.6.2022) by Nationality and Borders Act 2022 (c. 36), ss. 75(6), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 26 (which amendment is extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1112, arts. 1(1), 2, Schs. 1, 2; and extended (with modifications) (Guernsey) (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2025/1138, arts. 1(1), 2, Schs. 1, 2)

[^M_F_02c0e470-7fb6-435b-bd76-298d8bd7aed1]: Words in s. 129(1)(a) inserted (28.6.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 40(8)(a), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 20 (with Sch. 2 para. 7)

[^M_F_e84c5715-6d67-417d-ac16-d17f405d4a34]: Words in s. 134(1)(a) inserted (28.6.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 40(8)(b), 87(1); S.I. 2022/590, reg. 2, Sch. 1 para. 20 (with Sch. 2 para. 7)

[^M_F_a432cfb8-01e8-4fa2-913d-d8ea6401ac93]: Words in s. 46(7) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3 (N.I.)), s. 8(1)(b), Sch. 1 para. 194(1); S.R. 2022/102, art. 2(b)

[^key-6af148353a724b6c90bb8164870def67]: Words in s. 133 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-dad3f1535a8e99942c0564cd566fea7f]: S. 133(4)(a)(ib) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 66; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-e114a1d5458f2d8837eb7ae913a34e06]: S. 133(4)(d)(i) omitted (30.11.2022) by virtue of The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 9(a)

[^key-dacab5907ae1c026e48167839af6a919]: Words in s. 133(4)(d)(ii) substituted (30.11.2022) by The Health and Social Care Act (Northern Ireland) 2022 (Consequential Amendments) Order 2022 (S.I. 2022/1174), arts. 1(2), 9(b)

[^key-da31982f63886b44f318159aadc1261a]: S. 125 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(a)(2)

[^key-6dfe388d67f057bc8d78987e6fda97f1]: Sch. 8 para. 1 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-8700c6c24439c76d27427a21bf5ad01b]: Sch. 8 para. 2 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-3e80da621ad0aaf5c44d809c0dab3e76]: Sch. 8 para. 3 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-2d53f2b5a93c3dbb553b1809610bd4c3]: Sch. 8 para. 4 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-3517f022ce916e2eab5d4641287c2c2a]: Sch. 8 para. 5 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-170effc444ffb71607e375ee640f93dd]: Sch. 8 para. 6 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-09b6c2bb917bf40cacaf9f2e41704682]: Sch. 8 para. 7 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-302376732afb76f6e31c5d1e42c73d33]: Sch. 8 para. 8 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-0d7590bb9b0d4da8e0d9610892ca75aa]: Sch. 8 para. 9 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-959dbbe65b734ec435622af57dadbd6b]: Sch. 8 para. 10 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-062570d2dcfe53b22e0f565f00be4b90]: Sch. 8 para. 11 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-954913a7ba5aa5dc9d7d4d8abcd9864f]: Sch. 8 para. 12 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-222a3fa397ea89bfb7635669492bc543]: Sch. 8 para. 16 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-5baa97596219e26e1bbd0851a5409a8d]: Sch. 8 para. 17 in force at 13.2.2023 for specified purposes by S.I. 2023/32, art. 2(1)(b)(2)

[^key-2f247174422b8a65da1dfe8a61236128]: S. 80AA inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(3), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-cb07bf370c0db81c8995a23789cb0cf3]: Words in Pt. 4A heading inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(4), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-ba557560a405b8bcb1f138469d725bb0]: S. 62(2N)-(2R) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(4)(a), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-1e8c135f289e5ec82c508ff5c15371eb]: Words in s. 62(3) inserted (28.9.2023) by Illegal Migration Act 2023 (c. 37), ss. 12(4)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(a)

[^key-3527deced4403d043cc9b6acb7f4e0b5]: Words in s. 80A(1) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(a)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-1efd78336a4b235caf1b42701c6f8c58]: Words in s. 80A(1) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(a)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-ccd9708d4c6a3183f73e127ad0ddfe0d]: Word in s. 80A(2) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(b), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-cd78d4f19fffbe40d2bb61d021a3ac10]: Word in s. 80A(3) substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-1eb5ba07bc1f9c6c6dccf0aa31b45c49]: Words in s. 80A(3) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-65abcc2f96a4359cf1fae2675c68bc1b]: Words in s. 80A(3) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(c)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-969f63e0492de1ad13ecc5a355bab0a6]: Words in s. 80A(5) omitted (28.9.2023 for specified purposes) by virtue of Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-6bbf2dc4d491e94f5383e954bd5e1d35]: Words in s. 80A(5)(a) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-60cdfd756da048ea88de7e189f9f9305]: Words in s. 80A(5)(b) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(d)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-845ac1fee81fe00b0681073729287cb9]: Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(i), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-97983443e00161711c3d8902d5ace4ca]: Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(ii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-dc72a272e9cb447d429a8682545ba593]: Words in s. 80A(6) inserted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(e)(iii), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-fbdfafcf29b2a923c4ec2f3400fa1705]: S. 80A heading substituted (28.9.2023 for specified purposes) by Illegal Migration Act 2023 (c. 37), ss. 59(2)(f), 68(1) (with s. 55(9)); S.I. 2023/989, reg. 2(c)

[^key-48cd44eb9235a715263727d140cd847a]: S. 80AA(1)(ka) inserted (17.4.2024) by The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 (S.I. 2024/523), regs. 1(2), 2(a)

[^key-b1e0bb0cc975a6fb6362bb476ae95495]: S. 80AA(1)(oa) inserted (17.4.2024) by The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024 (S.I. 2024/523), regs. 1(2), 2(b)

[^key-7f18021dd8b9887cf4f21ea255f866a9]: Words in s. 36(5)(c) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 7

[^key-804a4813978543105b347e87b7fa427f]: S. 163(4): power extended (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 64(5)(6)(c), 65(3)(d)

[^key-d4009d4d9823e1e971500816dae2610c]: Words in s. 62(2O) substituted (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(3)(a), 65(3)(a)

[^key-7345183808a4056e710ffc0e5539f4b6]: S. 62(2P)(b) omitted (2.12.2025) by virtue of Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 42(3)(b), 65(3)(a)

Proceedings

Staff

Money

False information

Consequential and incidental provision

Registration card

Power to search for evidence

Notice of immigration decision

Deemed leave on cancellation of notice

Authority to carry

Carriers’ liability

Requirement to state additional grounds for application

Compliance with procedure

Authority to carry

Employer

Inland Revenue

Supply of document, &c. to Secretary of State

Medical inspectors

Advisory Panel on Country Information

EEA ports: juxtaposed controls

Section 145: supplementary

Arrest by immigration officer

Interpretation: “the Immigration Acts”

Escorts

Family

Reporting restriction: travel expenses

Deception

No removal while claim for asylum pending

Matters to be considered: new evidence: exceptions

Successful appeal: direction

National security, &c.

Other grounds of public good

Practice directions

Appeal from outside United Kingdom: removal

Medical inspectors

Supply of document, &c. to Secretary of State

Employer

Section 143: consequential amendments

Section 145: supplementary

Membership

Presidency

Repeal

Leave pending decision on variation application

Supply of document, &c. to Secretary of State

Employer

Assisting unlawful immigration, &c.

Consequential and incidental provision

Provision of support by local authority

Repeal of spent provisions

International projects

Repeal of spent provisions

Detention by Secretary of State

Control of entry to United Kingdom, &c.: use of force

Construction of reference to person liable to detention

Deception

Exemption from deportation

Revocation of leave to enter or remain

Ineligibility

Financial institution

Section 143: consequential amendments

Power to search for evidence

Consequential and incidental provision

Naturalisation: knowledge of language and society

Naturalisation: spouse of citizen

Deprivation of citizenship

Nationality decision: discrimination

Nationality decision: reasons and review

Legitimacy of child

British citizenship: registration of certain persons born between 1961 and 1983

Unlawful presence in United Kingdom

British citizenship: registration of certain persons without other citizenship

British citizenship: registration of certain persons born between 1961 and 1983

Repeal of spent provisions

Education: general

Education: special cases

Asylum-seeker: family with children

Application for support: false or incomplete information

Repeal of spent provisions

Detention centres: custodial functions

Escorts

Reporting restriction: travel expenses

Serious criminal

No removal while appeal pending

Earlier right of appeal

EEA ports: juxtaposed controls

Arrest by immigration officer

Consequential and incidental provision

Judicial Assistance

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education: general

Section 44: supplemental: Scotland and Northern Ireland

Conditions of support

Provision of support by local authority

Application for support: false or incomplete information

Voluntary departure from United Kingdom

Control of entry to United Kingdom, &c.: use of force

Escorts

Reporting restriction: travel expenses

Traffic in prostitution

Registration card

False information

Power to search for evidence

British citizenship: registration of certain persons born between 1961 and 1983

The Monitor of Accommodation Centres

Provisional assistance

The Monitor of Accommodation Centres

Local authority

Section 44: supplemental

Section 44: supplemental: Scotland and Northern Ireland

Failed asylum-seeker

Choice of form of support

Provision of support by local authority

International projects

Detention by Secretary of State

Appeal from within the United Kingdom: certification of human rights claims ...

Variation of leave on grounds of public good: rights of appeal

Repeal

Authority to carry

Supply of document, &c. to Secretary of State

Employer

National security, &c.

Repeal

Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision

Advice about work permit, &c.

Authority to carry

National security, &c.

Physical data: voluntary provision

Local authority

Inland Revenue

Special Immigration Appeals Commission: Community Legal Service

Deemed leave on cancellation of notice

Medical inspectors

Compliance with procedure

Section 145: supplementary

Immigration stamp

Registration card

Deemed leave on cancellation of notice

False information

Power of entry

Sections 153 and 154: supplemental

Interpretation: “the Immigration Acts”

Consequential and incidental provision

Supply of document, &c. to Secretary of State

Local authority

Supply of document, &c. to Secretary of State

Financial institution

Supply of document, &c. to Secretary of State

Employer

EEA ports: juxtaposed controls

Interpretation: “the Immigration Acts”

Sections 153 and 154: supplemental

False information

Power to search for evidence

Consequential and incidental provision

National security: deportation

Leave pending decision on variation application

Traffic in prostitution

Registration card

Arrest by immigration officer

Physical data: voluntary provision

Employer

Medical inspectors

False information

Power to search for evidence

False information

Arrest by immigration officer

Consequential and incidental provision

Legitimacy of child

Right of abode: certificate of entitlement

British citizenship: registration of certain persons without other citizenship

Provisional assistance

Education: general

Section 44: supplemental: Scotland and Northern Ireland

Young asylum-seeker

Application for support: false or incomplete information

Detention by Secretary of State

Restriction on removal of children and their parents etc

Ineligibility

Deemed leave on cancellation of notice

Data collection under Immigration and Asylum Act 1999

Physical data: voluntary provision

Local authority

Medical inspectors

Advisory Panel on Country Information

EEA ports: juxtaposed controls

Requirement to state additional grounds for application

Advice about work permit, &c.

Consequential and incidental provision

Advisory Panel on Country Information

Section 145: supplementary

False information

Interpretation: “the Immigration Acts”

Matters to be considered: new evidence: exceptions

Financial institution

Traffic in prostitution

Registration card

Sections 153 and 154: supplemental

Consequential and incidental provision

97B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advisory Panel on Country Information

Section 145: supplementary

Immigration stamp

Power of entry

No removal while claim for asylum pending

Ineligibility

Deemed leave on cancellation of notice

No removal while claim for asylum pending

78A

(1) This section applies in a case where—

(a) a child is to be removed from or required to leave the United Kingdom, and

(b) an individual who—

(i) is a parent of the child or has care of the child, and

(ii) is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

(2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—

(a) the child may not be removed from or required to leave the United Kingdom; and

(b) a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

(3) The relevant appeal rights are exhausted at the time when—

(a) neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b) no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

(4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—

(a) the giving of a direction for the removal of a person from the United Kingdom,

(b) the making of a deportation order in respect of a person, or

(5) In this section—

“child” means a person who is aged under 18;

references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.

94B

(1) This section applies where a human rights claim has been made by a person (“P”) ...

(2) The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, refusing P entry to, removing P from or requiring P to leave the United Kingdom , pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(3) The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if refused entry to, removed from or required to leave the United Kingdom .

National security: deportation

PART 5A — Article 8 of the ECHR: public interest considerations

117A

(1) This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

(a) breaches a person's right to respect for private and family life under Article 8, and

(b) as a result would be unlawful under section 6 of the Human Rights Act 1998.

(2) In considering the public interest question, the court or tribunal must (in particular) have regard—

(a) in all cases, to the considerations listed in section 117B, and

(b) in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

(3) In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).

117B

(1) The maintenance of effective immigration controls is in the public interest.

(2) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—

(a) are less of a burden on taxpayers, and

(b) are better able to integrate into society.

(3) It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—

(a) are not a burden on taxpayers, and

(b) are better able to integrate into society.

(4) Little weight should be given to—

(a) a private life, or

(b) a relationship formed with a qualifying partner,

that is established by a person at a time when the person is in the United Kingdom unlawfully.

(5) Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.

(6) In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—

(a) the person has a genuine and subsisting parental relationship with a qualifying child, and

(b) it would not be reasonable to expect the child to leave the United Kingdom.

117C

(1) The deportation of foreign criminals is in the public interest.

(2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.

(3) In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.

(4) Exception 1 applies where—

(a) C has been lawfully resident in the United Kingdom for most of C's life,

(b) C is socially and culturally integrated in the United Kingdom, and

(5) Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.

(6) In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.

(7) The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.

117D

(1) In this Part—

“Article 8” means Article 8 of the European Convention on Human Rights;

“qualifying child” means a person who is under the age of 18 and who—is a British citizen, orhas lived in the United Kingdom for a continuous period of seven years or more;

“qualifying partner” means a partner who—is a British citizen, orwho is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).

(2) In this Part, “foreign criminal” means a person—

(a) who is not a British citizen,

(b) who has been convicted in the United Kingdom of an offence, and

(i) has been sentenced to a period of imprisonment of at least 12 months,

(ii) has been convicted of an offence that has caused serious harm, or

(iii) is a persistent offender.

(3) For the purposes of subsection (2)(b), a person subject to an order under—

(a) section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),

(b) section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or

has not been convicted of an offence.

(4) In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—

(a) do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect);

(b) do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;

(c) include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and

(d) include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.

(5) If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.

Registration card

Arrest by immigration officer

Power to search for evidence

Consequential and incidental provision

Control of entry to United Kingdom, &c.: use of force

Detention centres: change of name

Family

Revocation of leave to enter or remain

Determination of appeal

National security, &c.

Special Immigration Appeals Commission: Community Legal Service

Article 8: public interest considerations applicable in all cases

Compliance with procedure

Carriers’ liability

Advice about work permit, &c.

Police, &c.

Provision of support by local authority

Application for support: false or incomplete information

International projects

Detention by Secretary of State

Control of entry to United Kingdom, &c.: use of force

Escorts

Bail

Exemption from deportation

PART 4A — Inadmissible asylum and Human Rights claims

80A

(1) The Secretary of State must declare an asylum claim or a human rights claim made by a person who is a national of a member State State listed in section 80AA(1) inadmissible.

(2) An asylum A claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

(3) A declaration under subsection (1) that an asylum a claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) or (b) (appeal against refusal of protection claim or human rights claim) arises.

(4) Subsection (1) does not apply if there are exceptional circumstances as a result of which the Secretary of State considers that the claim ought to be considered.

(5) For the purposes of subsection (4) exceptional circumstances include where the member State of which the claimant is a national—

(a) in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State is derogating from any of its obligations under the Human Rights Convention, in accordance with Article 15 of the Convention;

(b) in a case where the claimant is a national of a member State, where that State is the subject of a proposal initiated in accordance with the procedure referred to in Article 7(1) of the Treaty on European Union and—

(i) the proposal has yet to be determined by the Council of the European Union or (as the case may be) the European Council,

(ii) the Council of the European Union has determined, in accordance with Article 7(1), that there is a clear risk of a serious breach by the member State of the values referred to in Article 2 of the Treaty, or

(iii) the European Council has determined, in accordance with Article 7(2), the existence of a serious and persistent breach by the member State of the values referred to in Article 2 of the Treaty.

(6) In this section and section 80AA—

“asylum claim”, “human rights claim”, “the Human Rights Convention” and “the Refugee Convention” have the meanings given by section 113;

“immigration rules” means rules under section 3(2) of the Immigration Act 1971;

“national” includes citizen;

“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7 February 1992 as it had effect immediately before IP completion day.

80B

(1) The Secretary of State may declare an asylum claim made by a person (a “claimant”) who has a connection to a safe third State inadmissible.

(2) Subject to subsection (7), an asylum claim declared inadmissible under subsection (1) cannot be considered under the immigration rules.

(3) A declaration under subsection (1) that an asylum claim is inadmissible is not a decision to refuse the claim and, accordingly, no right of appeal under section 82(1)(a) (appeal against refusal of protection claim) arises.

(4) For the purposes of this section, a State is a “safe third State” in relation to a claimant if—

(a) the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,

(b) the State is one from which a person will not be sent to another State—

(i) otherwise than in accordance with the Refugee Convention, or

(ii) in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and

(c) a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.

(5) For the purposes of this section, a claimant has “a connection” to a safe third State if they meet any of conditions 1 to 5 set out in section 80C in relation to the State.

(6) The fact that an asylum claim has been declared inadmissible under subsection (1) by virtue of the claimant’s connection to a particular safe third State does not prevent the Secretary of State from removing the claimant to any other safe third State.

(7) An asylum claim that has been declared inadmissible under subsection (1) may nevertheless be considered under the immigration rules—

(a) if the Secretary of State determines that there are exceptional circumstances in the particular case that mean the claim should be considered, or

(b) in such other cases as may be provided for in the immigration rules.

(8) In this section and section 80C—

(a) “asylum claim”, “Human Rights Convention”, “immigration rules” and “the Refugee Convention” have the same meanings as in section 80A;

(b) a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it.

80C

(1) Condition 1 is that the claimant—

(a) has been recognised as a refugee in the safe third State, and

(b) remains able to access protection in accordance with the Refugee Convention in that State.

(2) Condition 2 is that the claimant—

(a) has otherwise been granted protection in a safe third State as a result of which the claimant would not be sent from the safe third State to another State—

(i) otherwise than in accordance with the Refugee Convention, or

(ii) in contravention of their rights under Article 3 of the Human Rights Convention, and

(b) remains able to access that protection in that State.

(3) Condition 3 is that the claimant has made a relevant claim to the safe third State and the claim—

(a) has not yet been determined, or

(b) has been refused.

(4) Condition 4 is that—

(a) the claimant was previously present in, and eligible to make a relevant claim to, the safe third State,

(b) it would have been reasonable to expect them to make such a claim, and

(5) Condition 5 is that, in the claimant’s particular circumstances, it would have been reasonable to expect them to have made a relevant claim to the safe third State (instead of making a claim in the United Kingdom).

(6) For the purposes of this section, a “relevant claim” to a safe third State is a claim—

(a) to be recognised as a refugee in the State for the purposes of the Refugee Convention, or

(b) for protection in the State of the kind mentioned in subsection (2)(a).

(7) For the purposes of this section “claimant” and “safe third State” have the same meanings as in section 80B; and see subsection (8) of that section.

Financial institution

80AA

(1) The States are—

(a) Albania,

(b) Austria,

(d) Bulgaria,

(e) Republic of Croatia,

(f) Republic of Cyprus,

(g) Czech Republic,

(h) Denmark,

(i) Estonia,

(j) Finland,

(k) France,

(ka) Georgia,

(l) Germany,

(m) Greece,

(n) Hungary,

(o) Iceland,

(oa) India,

(p) Republic of Ireland,

(q) Italy,

(r) Latvia,

(s) Principality of Liechtenstein,

(t) Lithuania,

(u) Luxembourg,

(v) Malta,

(w) Netherlands,

(x) Norway,

(y) Poland,

(z) Portugal,

(z1) Romania,

(z2) Slovak Republic,

(z3) Slovenia,

(z4) Spain,

(z5) Sweden,

(z6) Switzerland.

(2) The Secretary of State may by regulations amend the list in subsection (1) so as to add or remove a State.

(3) The Secretary of State may add a State to the list only if satisfied that—

(a) there is in general in that State no serious risk of persecution of nationals of that State, and

(b) removal to that State of nationals of that State will not in general contravene the United Kingdom’s obligations under the Human Rights Convention.

(4) In deciding whether the statements in subsection (3)(a) and (b) are true of a State, the Secretary of State—

(a) must have regard to all the circumstances of the State (including its laws and how they are applied), and

(b) must have regard to information from any appropriate source (including member States and international organisations).

(5) Regulations under this section—

(a) must be made by statutory instrument;

(b) may include transitional or saving provision.

(6) A statutory instrument containing—

(a) regulations which add a State to the list in subsection (1), or

(b) regulations which both add a State to, and remove a State from, that list,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) A statutory instrument containing regulations under this section, other than one to which subsection (6) applies, is subject to annulment in pursuance of a resolution of either House of Parliament.

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