Legalize / United Kingdom / Public General Act

Nationality and Borders Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2026-03-20

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 23

Reform history JSON API

(a) sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right, in particular a right from which derogation cannot be made under Article 15 of the Human Rights Convention, or

(b) an accumulation of various measures, including a violation of a human right, which is sufficiently severe as to affect an individual in a similar manner as specified in paragraph (a).

(3) The persecution may, for example, take the form of—

(a) an act of physical or mental violence, including an act of sexual violence;

(b) a legal, administrative, police or judicial measure which in itself is discriminatory or which is implemented in a discriminatory manner;

(d) denial of judicial redress resulting in a disproportionate or discriminatory punishment;

(e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts as described in Article 1(F) of the Refugee Convention (on which, see section 36).

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

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(1) In deciding for the purposes of Article 1(A)(2) of the Refugee Convention whether an asylum seeker’s fear of persecution is well-founded, the following approach is to be taken.

(2) The decision-maker must first determine, on the balance of probabilities—

(a) whether the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion (or has such a characteristic attributed to them by an actor of persecution), and

(b) whether the asylum seeker does in fact fear such persecution in their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence) as a result of that characteristic.

(See also section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (asylum claims etc: behaviour damaging to claimant’s credibility).)

(3) Subsection (4) applies if the decision-maker finds that—

(a) the asylum seeker has a characteristic mentioned in subsection (2)(a) (or has such a characteristic attributed to them), and

(b) the asylum seeker fears persecution as mentioned in subsection (2)(b).

(4) The decision-maker must determine whether there is a reasonable likelihood that, if the asylum seeker were returned to their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence)—

(a) they would be persecuted as a result of the characteristic mentioned in subsection (2)(a), and

(b) they would not be protected as mentioned in section 34.

(5) The determination under subsection (4) must also include a consideration of the matter mentioned in section 35 (internal relocation).

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

33

(1) For the purposes of Article 1(A)(2) of the Refugee Convention—

(a) the concept of race may include consideration of matters such as a person’s colour, descent or membership of a particular ethnic group;

(b) the concept of religion may include consideration of matters such as—

(i) the holding of theistic, non-theistic or atheistic beliefs,

(ii) the participation in formal worship in private or public, either alone or in community with others, or the abstention from such worship,

(iii) other religious acts or expressions of view, or

(iv) forms of personal or communal conduct based on or mandated by any religious belief;

(c) the concept of nationality is not confined to citizenship (or lack of citizenship) but may include consideration of matters such as membership of a group determined by its cultural, ethnic or linguistic identity, common geographical or political origins or its relationship with the population of another State;

(d) the concept of political opinion includes the holding of an opinion, thought or belief on a matter related to a potential actor of persecution and to its policies or methods, whether or not the person holding that opinion, thought or belief has acted upon it.

(2) A group forms a particular social group for the purposes of Article 1(A)(2) of the Refugee Convention only if it meets both of the following conditions.

(3) The first condition is that members of the group share—

(a) an innate characteristic,

(b) a common background that cannot be changed, or

(c) a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it.

(4) The second condition is that the group has a distinct identity in the relevant country because it is perceived as being different by the surrounding society.

(5) A particular social group may include a group based on a common characteristic of sexual orientation, but for these purposes sexual orientation does not include acts that are criminal in any part of the United Kingdom.

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

34

(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.

Article 1(A)(2): internal relocation

35

(1) An asylum seeker is not to be taken to be a refugee for the purposes of Article 1(A)(2) of the Refugee Convention if—

(a) they would not have a well-founded fear of being persecuted in a part of their country of nationality (or in a case where they do not have a nationality, the country of their former habitual residence), and

(b) they can reasonably be expected to travel to and remain in that part of the country.

(2) In considering whether an asylum seeker can reasonably be expected to travel to and remain in a part of a country, a decision-maker—

(a) must have regard to—

(i) the general circumstances prevailing in that part of the country, and

(ii) the personal circumstances of the asylum seeker;

(b) must disregard any technical obstacles relating to travel to that part of that country.

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

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(1) A person has committed a crime for the purposes of Article 1(F)(a) or (b) of the Refugee Convention if they have instigated or otherwise participated in the commission of the crimes specified in those provisions.

(2) In Article 1(F)(b), the reference to a serious non-political crime includes a particularly cruel action, even if it is committed with an allegedly political objective.

(3) In that Article, the reference to a crime being committed by a person outside the country of refuge prior to their admission to that country as a refugee includes a crime committed by that person at any time up to and including the day on which they are issued with a relevant biometric immigration document by the Secretary of State.

(4) For the purposes of subsection (3), a relevant biometric immigration document is a document that—

(a) records biometric information (as defined in section 15(1A) of the UK Borders Act 2007), and

(b) is evidence of leave to remain in the United Kingdom granted to a person as a result of their refugee status.

Article 31(1): immunity from penalties

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(1) A refugee is not to be taken to have come to the United Kingdom directly from a country where their life or freedom was threatened if, in coming from that country, they stopped in another country outside the United Kingdom, unless they can show that they could not reasonably be expected to have sought protection under the Refugee Convention in that country.

(2) A refugee is not to be taken to have presented themselves without delay to the authorities unless—

(a) in the case of a person who became a refugee while they were outside the United Kingdom, they made a claim for asylum as soon as reasonably practicable after their arrival in the United Kingdom;

(b) in the case of a person who became a refugee while they were in the United Kingdom—

(i) if their presence in the United Kingdom was lawful at that time, they made a claim for asylum before the time when their presence in the United Kingdom became unlawful;

(ii) if their presence in the United Kingdom was unlawful at that time, they made a claim for asylum as soon as reasonably practicable after they became aware of their need for protection under the Refugee Convention.

(3) For the purposes of subsection (2)(b), a person’s presence in the United Kingdom is unlawful if they require leave to enter or remain and do not have it.

(4) A penalty is not to be taken as having been imposed on account of a refugee’s illegal entry or presence in the United Kingdom where the penalty relates to anything done by the refugee in the course of an attempt to leave the United Kingdom.

(5) In section 31 of the Immigration and Asylum Act 1999 (defences based on Art.31(1) of the Refugee Convention)—

(a) in subsection (2), for “have expected to be given” substitute “be expected to have sought”;

(b) after subsection (4) insert—

(4A) But this section does not apply to an offence committed by a refugee in the course of an attempt to leave the United Kingdom.

(6) In this section—

“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;

“country” includes any territory;

“refugee” has the same meaning as in the Refugee Convention.

Article 33(2): particularly serious crime

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(1) Section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal) is amended as follows.

(2) In subsection (1), for “protection” substitute “prohibition of expulsion or return”.

(3) In subsection (2)—

(a) in the words before paragraph (a)—

(i) for “shall be presumed to have been” substitute “is”;

(ii) omit “and to constitute a danger to the community of the United Kingdom”;

(b) in paragraph (b), for “two years” substitute “12 months”.

(4) In subsection (3)—

(a) in the words before paragraph (a)—

(i) for “shall be presumed to have been” substitute “is”;

(ii) omit “and to constitute a danger to the community of the United Kingdom”;

(b) in paragraph (b), for “two years” substitute “12 months”;

(5) In subsection (4), in the words before paragraph (a)—

(a) for “shall be presumed to have been” substitute “is”;

(b) omit “and to constitute a danger to the community of the United Kingdom”.

(6) After subsection (5) insert—

(5A) A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.

(7) In subsection (6), for “(2), (3) or (4)” substitute “(5A)”.

(8) In subsection (7), for “(2), (3) or (4)” substitute “(5A)”.

(9) In subsection (8), for “mentioned in subsection (6)” substitute “under subsection (5A)”.

(10) In subsection (9)(b), for “presumptions under subsection (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”.

(11) In subsection (10)(b), for “presumptions under subsections (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”.

(12) In subsection (11)(b)—

(a) in the opening words, for “two years” substitute “12 months”;

(b) in sub-paragraph (ia), for “two years”, in both places it occurs, substitute “12 months”;

(13) The amendments made by this section apply only in relation to a person convicted on or after the date on which this section comes into force.

Interpretation

Interpretation of Part 2

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In this Part—

“human rights claim” has the meaning given by section 113 of the Nationality, Immigration and Asylum Act 2002;

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;

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

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

the “Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol;

“protection claim” has the meaning given by section 82(2) of the Nationality, Immigration and Asylum Act 2002.

PART 3 — Immigration Control

Immigration offences and penalties

Illegal entry and similar offences

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(1) The Immigration Act 1971 is amended in accordance with subsections (2) to (7).

(2) In section 24 (illegal entry and similar offences), before subsection (1) insert—

(A1) A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence. (B1) A person who— (a) requires leave to enter the United Kingdom under this Act, and (b) knowingly enters the United Kingdom without such leave, commits an offence. (C1) A person who— (a) has only a limited leave to enter or remain in the United Kingdom, and (b) knowingly remains beyond the time limited by the leave, commits an offence. (D1) A person who— (a) requires entry clearance under the immigration rules, and (b) knowingly arrives in the United Kingdom without a valid entry clearance, commits an offence. (E1) A person who— (a) is required under immigration rules not to travel to the United Kingdom without an ETA that is valid for the person’s journey to the United Kingdom, and (b) knowingly arrives in the United Kingdom without such an ETA, commits an offence. (F1) A person who commits an offence under any of subsections (A1) to (E1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); (d) on conviction on indictment— (i) for an offence under subsection (A1), to imprisonment for a term not exceeding five years or a fine (or both); (ii) for an offence under any of subsections (B1) to (E1), to imprisonment for a term not exceeding four years or a fine (or both). (G1) In relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in subsection (F1)(a) to 12 months is to be read as a reference to six months.

(3) In that section—

(a) in subsection (1)—

(i) omit paragraph (a);

(ii) in paragraph (b), for the words from “either” to the end, substitute “fails to observe a condition of the leave;”;

(b) in subsection (1A), for “subsection (1)(b)(i)” substitute “subsection (C1)”;

(d) in subsection (4)—

(i) in the words before paragraph (a), for “against subsection (1)(a)” substitute “under subsection (B1)”;

(ii) in paragraph (b), omit the words from the first “if” to the end.

(e) after subsection (4) insert—

(5) In proceedings for an offence under subsection (D1) above of arriving in the United Kingdom without a valid entry clearance— (a) any document attached to a passport or other travel document purporting to have been issued by the Secretary of State for the purposes of providing evidence of entry clearance for a particular period is to be presumed to have been duly so issued unless the contrary is proved; (b) proof that a person had a valid entry clearance is to lie on the defence.

(4) In section 25 (assisting unlawful immigration), in subsection (2)(a), after “enter” insert “or arrive in”.

(5) In section 28B (search and arrest by warrant), in subsection (5), for “24(1)(a), (b)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b)”.

(6) In section 28D (entry and search of premises), in subsection (4), for “24(1)(a), (b)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b)”.

(7) In section 28FA (search for personnel records: warrant unnecessary), in subsection (1)—

(a) in paragraph (a), for “24(1)” substitute “24”;

(b) in paragraph (c), for “24(1)” substitute “24”.

(8) In the Nationality, Immigration and Asylum Act 2002—

(a) in section 129(1) (duty on local authority to disclose information on suspected immigration offences), in paragraph (a), for “24(1)(a), (b), (c), (e)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b), (c)”;

(b) in section 134(1) (duty on employer to disclose information on suspected immigration offences), in paragraph (a), for “24(1)(a), (b), (c), (e)” substitute “24(A1), (B1), (C1), (D1), (E1) or (1)(b), (c)”.

(9) In section 133(7) of the Criminal Justice and Immigration Act 2008 (conditions), for “any provision of section 24(1)” substitute “section 24”.

Assisting unlawful immigration or asylum seeker

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(1) The Immigration Act 1971 is amended as follows.

(2) In section 25(6)(a) (assisting unlawful immigration to member State or the United Kingdom: penalties) for “imprisonment for a term not exceeding 14 years” substitute “imprisonment for life”.

(3) In section 25A(1)(a) (helping asylum seeker to enter United Kingdom) omit “and for gain”.

(4) Before section 25C insert—

(25BA) (1) A person does not commit a facilitation offence if the act of facilitation was an act done by or on behalf of, or co-ordinated by— (a) Her Majesty’s Coastguard, or (b) an overseas maritime search and rescue authority exercising similar functions to those of Her Majesty’s Coastguard. (2) In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show that— (a) the assisted individual had been in danger or distress at sea, and (b) the act of facilitation was an act of providing assistance to the individual at any time between— (i) the time when the assisted individual was first in danger or distress at sea, and (ii) the time when the assisted individual was delivered to a place of safety on land. (3) For the purposes of subsection (2), the following are not to be treated as an act of providing assistance— (a) the act of delivering the assisted individual to the United Kingdom in circumstances where— (i) the United Kingdom was not the nearest place of safety on land to which the assisted individual could have been delivered, and (ii) the person charged with the offence did not have a good reason for delivering the assisted individual to the United Kingdom instead of to a nearer place of safety on land; (b) the act of steering a ship in circumstances where the person charged with the offence was on the same ship as the assisted individual at the time when the individual was first in danger or distress at sea. (4) A person is taken to have shown a fact mentioned in subsection (2) if— (a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (5) In this section— - “act of facilitation”— in relation to an offence under section 25 (assisting unlawful immigration), means the act mentioned in subsection (1)(a) of that section; in relation to an offence under section 25A (helping asylum-seeker to enter the UK), means the act of facilitating the arrival (or attempted arrival) in, or entry (or attempted entry) into, the United Kingdom of an individual, as mentioned in subsection (1)(a) of that section; in relation to an offence under section 25B(1) (facilitating breach of deportation order), means the act mentioned in subsection (1)(a) of that section; in relation to an offence under section 25B(3) (assisting entry to UK in breach of an exclusion order), means the act mentioned in subsection (3)(a) of that section; - “assisted individual”— in relation to an offence under section 25, means the individual whose breach (or attempted breach) of immigration law is facilitated by the act of facilitation; in relation to an offence under section 25A, means the individual whose arrival (or attempted arrival) in, or entry (or attempted entry) into, the United Kingdom is facilitated by the act of facilitation; in relation to an offence under section 25B(1), means the individual whose breach (or attempted breach) of a deportation order is facilitated by the act of facilitation; in relation to an offence under section 25B(3), means the individual who is assisted to arrive in, enter or remain (or to attempt to arrive in, enter or remain) in the United Kingdom by the act of facilitation; - “facilitation offence” means— an offence under section 25 (assisting unlawful immigration), an offence under section 25A (helping asylum-seeker to enter the United Kingdom), or an offence under section 25B (assisting entry to the United Kingdom in breach of deportation or exclusion order) to the extent that the section continues to apply by virtue of regulation 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309); - “ship” includes— every description of vessel (including a hovercraft), and any other structure (whether with or without means of propulsion) constructed or used to carry persons, goods, plant or machinery by water. (25BB) (1) In proceedings for a facilitation offence brought against a master of a ship, it is a defence for the master to show— (a) that the assisted individual was a stowaway when the act of facilitation took place, and (b) that the master, or a person acting on the master’s behalf, reported the presence of the assisted individual on the ship to the Secretary of State or an immigration officer— (i) in a case where the ship was scheduled to go to the United Kingdom, as soon as reasonably practicable after the time when the ship’s next scheduled port of call became a port in the United Kingdom, or (ii) in a case where the ship was not scheduled to go to the United Kingdom but the master of the ship decided that the ship needed to go to the United Kingdom (whether for reasons relating to the presence of the assisted individual on board or for other reasons), as soon as reasonably practicable after the master made that decision. (2) In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show— (a) that the assisted individual was a stowaway when the act of facilitation took place, (b) that they were acting to ensure the security, general health, welfare or safety of the assisted individual, and (c) that they had reported the presence of the assisted individual to the master of the ship as soon as reasonably practicable. (3) A person is taken to have shown a fact mentioned in subsection (1) or (2) if— (a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (4) For the purposes of this section, an individual is a stowaway on a ship if— (a) they boarded the ship without the knowledge of the master of the ship, and (b) the master was not aware of their presence on the ship when the ship departed from the port where the individual boarded. (5) But an individual ceases to be a stowaway if, after the master of the ship has become aware of their presence on the ship, the individual is given permission to leave the ship by the immigration authorities of a country that the ship arrives at (whether or not they do in fact leave the ship there). (6) In this section, “act of facilitation”, “assisted individual”, “facilitation offence” and “ship” have the same meanings as in section 25BA.

Penalty for failure to secure goods vehicle

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Schedule 5 amends the Immigration and Asylum Act 1999 to make provision for the imposition of a penalty for failure adequately to secure a goods vehicle against unauthorised access and other related matters.

Working in United Kingdom waters: arrival and entry

Prisoners liable to removal from the United Kingdom

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(1) After section 11 of the Immigration Act 1971 (construction of references to entry etc) insert—

(11A) (1) An “offshore worker” is a person who arrives in United Kingdom waters— (a) for the purpose of undertaking work in those waters, and (b) without first entering the United Kingdom (see, in particular, section 11(1)). But see subsection (6). (2) An offshore worker arrives in the United Kingdom for the purposes of this Act when they arrive in United Kingdom waters as mentioned in subsection (1)(a). (3) An offshore worker enters the United Kingdom for the purposes of this Act when they commence working in United Kingdom waters. (4) Any reference in, or in a provision made under, the Immigration Acts to a person arriving in or entering the United Kingdom, however expressed, is to be read as including a reference to an offshore worker arriving in or entering the United Kingdom as provided for in subsection (2) or (3). (5) References in this section to work, or to a person working, are to be read in accordance with section 24B(10). (6) A person is not an offshore worker if they arrive in United Kingdom waters while working as a member of the crew of a ship that is— (a) exercising the right of innocent passage through the territorial sea or the right of transit passage through straits used for international navigation, or (b) passing through United Kingdom waters from non-UK waters to a place in the United Kingdom or vice versa. (7) For the purposes of any provision of, or made under, the Immigration Acts, a person working in United Kingdom waters who, in connection with that work, temporarily enters non-UK waters is not to be treated by virtue of doing so as leaving, or being outside, the United Kingdom. (8) In this section— - “non-UK waters” means the sea beyond the seaward limits of the territorial sea; - “right of innocent passage”, “right of transit passage” and “straits used for international navigation” are to be read in accordance with the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after the passing of the Nationality and Borders Act 2022 that have entered into force in relation to the United Kingdom; - “the territorial sea” means the territorial sea adjacent to the United Kingdom; - “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea. (11B) (1) The Secretary of State may by regulations make provision for and in connection with requiring— (a) an offshore worker, or (b) if an offshore worker has one, their sponsor; to give notice to the Secretary of State or an immigration officer of the dates on which the offshore worker arrives in, enters and leaves the United Kingdom. (2) The regulations may make provision for the failure of an offshore worker to comply with a requirement imposed under the regulations to be a ground for— (a) the cancellation or variation of their leave to enter or remain in the United Kingdom; (b) refusing them leave to enter or remain in the United Kingdom. (3) The failure of an offshore worker’s sponsor to comply with a requirement imposed under the regulations may be taken into account by the Secretary of State when operating immigration skills arrangements made with the sponsor. (4) Regulations under this section— (a) are to be made by statutory instrument; (b) may make different provision for different cases; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision. (5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (6) For the purposes of this section— (a) “offshore worker” has the same meaning as in section 11A; (b) a person is an offshore worker’s “sponsor” if they have made immigration skills arrangements with the Secretary of State in relation to the offshore worker; (c) “immigration skills arrangements” has the meaning given by section 70A(2) of the Immigration Act 2014.

(2) Schedule 6 makes consequential and related amendments.

Enforcement

Power to search container unloaded from ship or aircraft

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(1) The Immigration Act 1971 is amended as follows.

(2) In sub-paragraph (5) of paragraph 1 of Schedule 2 (powers to search ship or aircraft etc), after “vehicle” insert “or container”.

(3) After that sub-paragraph insert—

(6) For the purposes of searching a container under sub-paragraph (5), an immigration officer may direct any person who has control of the container to deliver the container to a place specified by the immigration officer. (7) In this paragraph, “container” has the same meaning as in the Customs and Excise Management Act 1979 (see section 1(1) of that Act).

(4) In section 26(1) (general offences in connection with administration of Act), after paragraph (g) insert—

(h) if, without reasonable excuse, the person fails to comply with a direction under paragraph 1(6) of Schedule 2 (direction to move a container for purposes of a search).

Maritime enforcement

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Schedule 7 contains amendments to Part 3A of the Immigration Act 1971 (maritime enforcement).

Removals

Removals: notice requirements

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(1) Section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) is amended as set out in subsections (2) to (6).

(2) In subsection (1)—

(a) for “may be removed” substitute “is liable to removal”;

(b) omit “under the authority of the Secretary of State or an immigration officer”.

(3) For subsection (2) substitute—

(2) Where a person (“P”) is liable to removal, or has been removed, from the United Kingdom under this section, a member of P’s family who meets the following three conditions is also liable to removal from the United Kingdom, provided that the Secretary of State or an immigration officer has given the family member written notice of the fact that they are liable to removal.

(4) After subsection (6) insert—

(6A) A person who is liable to removal from the United Kingdom under this section may be removed only under the authority of the Secretary of State or an immigration officer and in accordance with sections 10A to 10E.

(5) In subsection (7), for “subsection (1) or (2)” substitute “this section”.

(6) In subsection (10)—

(a) in paragraph (a), for “subsection (2)” substitute “this section”;

(b) in paragraph (b), at the end insert “or sections 10A to 10E”.

(7) After that section insert—

(10A) (1) This section applies to a person who is liable to removal under section 10; but see sections 10C to 10E for the circumstances in which such a person may be removed otherwise than in accordance with this section. (2) The person may be removed if— (a) the Secretary of State or an immigration officer has given the person— (i) a notice of intention to remove (see subsection (3)), and (ii) a notice of departure details (see subsection (4)), and (b) any notice period has expired. (3) A notice of intention to remove is a written notice which— (a) states that the person is to be removed, (b) sets out the notice period, (see subsection (7)), and (c) states the destination to which the person is to be removed. (4) A notice of departure details under this section is a written notice which— (a) states the date on which the person is to be removed, (b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination, and (c) if subsection (6) applies, sets out the notice period (see subsection (7)). (5) The notice of intention to remove and the notice of departure details may be combined. (6) This subsection applies if the notice of departure details states, under subsection (4)(b)— (a) a destination which is different to the destination stated under subsection (3)(c) in the notice of intention to remove, or (b) any stops that were not stated in the notice of intention to remove, other than a stop in— (i) the United Kingdom, or (ii) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. (7) The notice period must be no shorter than the period of five working days beginning with the day after the day on which the person is given the notice. (8) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section. (9) This section is subject to section 10B (failed removals). (10) In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the person is when they are given the notice. (10B) (1) This section applies where as a result of matters reasonably beyond the control of the Secretary of State, such as— (a) adverse weather conditions, (b) technical faults or other issues causing delays to transport, or (c) disruption by the person to be removed or others, a person is not removed from the United Kingdom on the date stated in a notice of departure details under section 10A (“the original notice”). (2) The person may be removed from the United Kingdom if— (a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (3)), and (b) they are removed before the end of the period of 21 days beginning with the date stated in the original notice. (3) A notice of departure details under this section is a written notice which— (a) states the date on which the person is to be removed, and (b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination. (4) But this section does not apply if the notice under subsection (3) states, under subsection (3)(b)— (a) a destination which is different to the destination stated in the original notice, or (b) any stops that were not stated in the original notice, other than a stop in— (i) the United Kingdom, or (ii) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. (5) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section. (10C) (1) This section applies to a person who is liable to removal under section 10 if the person was refused leave to enter upon their arrival in the United Kingdom. (2) The person may be removed if— (a) the Secretary of State or an immigration officer has given the person a notice of departure details under this section which— (i) states the date on which the person is to be removed, and (ii) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination, and (b) the date stated under paragraph (a)(i) is a date before the end of the period of seven days beginning with the day after the day on which the person was refused leave to enter. (3) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section. (10D) (1) This section applies to a person who is liable to removal under section 10 and is a PRN recipient. (2) If the person does not make a protection claim or a human rights claim before the PRN cut-off date, the person may be removed from the United Kingdom if— (a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)), and (b) they are removed before the end of the period of 21 days beginning with the day after the PRN cut-off date. (3) If the PRN recipient makes a protection claim or a human rights claim, the person may be removed from the United Kingdom if— (a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)), (b) their appeal rights are exhausted, and (c) they are removed before the end of the period of 21 days beginning with the day after the date on which their appeal rights are exhausted; and for the purposes of this subsection, whether a PRN recipient’s appeal rights are exhausted is to be determined in accordance with section 21(3) of the Nationality and Borders Act 2022 (and see, in particular, section 82A of the Nationality, Immigration and Asylum Act 2002). (4) A notice of departure details under this section is a written notice which— (a) states the date on which the person is to be removed, (b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination. (5) But this section does not apply unless the priority removal notice stated— (a) a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (4)(b), and (b) stops, other than stops falling within subsection (6), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (4)(b). (6) A stop falls within this subsection if it is a stop in— (a) the United Kingdom, or (b) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. (7) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section. (8) For the purposes of this section and section 10E— - “priority removal notice”, “PRN cut-off date” and “PRN recipient” have the same meaning as in section 20 of the Nationality and Borders Act 2022; - “protection claim” and “human rights claim” have the same meaning as in Part 5 of the Nationality, Immigration and Asylum Act 2002. (10E) (1) This section applies to a person (whether or not they are a PRN recipient) who is liable to removal under section 10 where— (a) the person has made an application for judicial review or (in Scotland) an application to the supervisory jurisdiction of the Court of Session, relating to their removal, and (b) a court or tribunal has made a decision the effect of which is that the person may be removed from the United Kingdom. (2) The person may be removed from the United Kingdom if— (a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (3)), and (b) they are removed before the end of the period of 21 days beginning with the day after the day on which the court or tribunal made the decision mentioned in subsection (1)(b). (3) A notice of departure details under this section is a written notice which— (a) states the date on which the person is to be removed, (b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination. (4) But this section does not apply unless the person has received a priority removal notice or a notice of intention to remove under section 10A(3) which stated— (a) a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (3)(b), and (b) stops, other than stops falling within subsection (5), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (3)(b). (5) A stop falls within this subsection if it is a stop in— (a) the United Kingdom, or (b) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. (6) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

(8) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 3(4) (bail not to be granted to person subject to removal directions without consent of Secretary of State), in paragraph (b) for “14” substitute “21”.

Prisoners liable to removal from the United Kingdom

47

(1) The Criminal Justice Act 2003 is amended as follows.

(2) Section 260 (early removal of prisoners liable to removal from the United Kingdom) is amended as set out in subsections (3) to (8).

(3) For subsections (1) to (2B) substitute—

(1) Where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove the prisoner from prison under this section at any time after the prisoner has served the minimum pre-removal custodial period (whether or not the Board has directed the prisoner’s release under this Chapter). (2) The minimum pre-removal custodial period is the longer of— (a) one half of the requisite custodial period, and (b) the requisite custodial period less one year.

(4) In subsection (2C), for “Subsections (1) and (2A) do” substitute “Subsection (1) does”.

(5) In subsection (4), for paragraph (b) substitute—

(b) so long as remaining in the United Kingdom, and in the event of a return to the United Kingdom after removal, is liable to be detained in pursuance of his sentence.

(6) After subsection (4) insert—

(4A) Where a person has been removed from prison under this section, a day on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence is not, unless the Secretary of State otherwise directs, to be included— (a) when determining for the purposes of any provision of this Chapter how much of their sentence they have (or would have) served, or (b) when determining for the purposes of section 244ZC(2), 244A(2)(b) or 246A(4)(b) the date of an anniversary of a disposal of a reference of the person’s case to the Board (so that the anniversary is treated as falling x days after the actual anniversary, where x is the number of days on which the person has not spent any part of the day in prison or otherwise detained in pursuance of their sentence). (4B) Where— (a) before a prisoner’s removal from prison under this section their case had been referred to the Board under section 244ZB(3), 244ZC(2), 244A(2) or 246A(4), and (b) the person is removed from the United Kingdom before the Board has disposed of the reference, the reference lapses upon the person’s removal from the United Kingdom (and paragraph 8 of Schedule 19B applies in the event of their return).

(7) Omit subsection (5).

(8) In subsection (6), for paragraphs (a) to (c) substitute—

(a) amend the fraction for the time being specified in subsection (2)(a); (b) amend the time period for the time being specified in subsection (2)(b).

(9) For section 261 substitute—

(261) Where a person— (a) has been removed from prison under section 260 on or after the day on which section 47 of the Nationality and Borders Act 2022 came into force, (b) has been removed from the United Kingdom following that removal from prison, and (c) returns to the United Kingdom, this Chapter applies to the person with the modifications set out in Schedule 19B.

(10) In section 263 (concurrent terms), after subsection (2), insert—

(2A) Where this section applies, nothing in section 260 authorises the Secretary of State to remove the offender from prison in respect of any of the terms unless and until that section authorises the Secretary of State to do so in respect of each of the others.

(11) After Schedule 19A, insert the Schedule 19B set out in Schedule 8.

Immigration bail

Matters relevant to decisions relating to immigration bail

48

In paragraph 3(2) of Schedule 10 to the Immigration Act 2016 (matters to be taken into account in making decision on immigration bail), for the “and” at the end of paragraph (e) substitute—

(ea) whether the person has failed without reasonable excuse to cooperate with any process— (i) for determining whether the person requires or should be granted leave to enter or remain in the United Kingdom, (ii) for determining the period for which the person should be granted such leave and any conditions to which it should be subject, (iii) for determining whether the person’s leave to enter or remain in the United Kingdom should be varied, curtailed, suspended or cancelled, (iv) for determining whether the person should be removed from the United Kingdom, or (v) for removing the person from the United Kingdom, and

PART 4 — Age Assessments

Interpretation of Part etc

49

(1) In this Part, “age-disputed person” means a person—

(a) who requires leave to enter or remain in the United Kingdom (whether or not such leave has been given), and

(b) in relation to whom—

(i) a local authority,

(ii) a public authority specified in regulations under section 50(1)(b), or

(iii) the Secretary of State,

has insufficient evidence to be sure of their age.

(2) In this Part—

“decision-maker” means a person who conducts an age assessment under section 50 or 51;

“designated person” means an official of the Secretary of State who is designated by the Secretary of State to conduct age assessments under section 50 or 51;

“immigration functions” means functions exercisable by virtue of the Immigration Acts;

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

“local authority”— in relation to England and Wales, means a local authority within the meaning of the Children Act 1989 (see section 105(1) of that Act), in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and in relation to Northern Ireland, means a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));

“public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal;

“specified scientific method” means a method used for assessing a person’s age which is specified in regulations under section 52(1).

(3) In this Part, “relevant children’s legislation” means—

(a) in relation to a local authority in England, any provision of or made under Part 3, 4 or 5 of the Children Act 1989 (support for children and families; care and supervision; protection of children);

(b) in relation to a local authority in Wales, Scotland or Northern Ireland, any statutory provision (including a provision passed or made after the coming into force of this Part) that confers a corresponding function on such an authority.

(4) In subsection (3)—

“corresponding function” means a function that corresponds to a function conferred on a local authority in England by or under Part 3, 4 or 5 of the Children Act 1989;

“statutory provision” means a provision made by or under— an Act, an Act of the Scottish Parliament, an Act or Measure of Senedd Cymru, or Northern Ireland legislation.

(5) In section 94 of the Immigration and Asylum Act 1999 (support for asylum-seekers: interpretation), for subsection (7) substitute—

(7) For further provision as to the conduct of age assessments, which applies for the purposes of this Part, see Part 4 of the Nationality and Borders Act 2022.

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

50

(1) The following authorities may refer an age-disputed person to a designated person for an age assessment under this section—

(a) a local authority;

(b) a public authority specified in regulations made by the Secretary of State.

(2) Subsections (3) and (4) apply where—

(a) a local authority needs to know the age of an age-disputed person for the purposes of deciding whether or how to exercise any of its functions under relevant children’s legislation in relation to the person, or

(b) the Secretary of State notifies a local authority in writing that the Secretary of State doubts that an age-disputed person in relation to whom the local authority has exercised or may exercise functions under relevant children’s legislation is the age that they claim (or are claimed) to be.

(3) The local authority must—

(a) refer the age-disputed person to a designated person for an age assessment under this section,

(b) conduct an age assessment on the age-disputed person itself and inform the Secretary of State in writing of the result of its assessment, or

(c) inform the Secretary of State in writing that it is satisfied that the person is the age they claim (or are claimed) to be, without the need for an age assessment.

(4) Where a local authority—

(a) conducts an age assessment itself, or

(b) informs the Secretary of State that it is satisfied that an age-disputed person is the age they claim (or are claimed) to be,

it must, on request from the Secretary of State, provide the Secretary of State with such evidence as the Secretary of State reasonably requires for the Secretary of State to consider the local authority’s decision under subsection (3)(b) or (c).

(5) Where a local authority refers an age-disputed person to a designated person for an age assessment under subsection (1) or (3)(a), the local authority must provide any assistance that the designated person reasonably requires from the authority for the purposes of conducting that assessment.

(6) The standard of proof for an age assessment under this section is the balance of probabilities.

(7) An age assessment of an age-disputed person conducted by a designated person following a referral from a local authority under subsection (1) or (3)(a) is binding—

(a) on the Secretary of State and immigration officers when exercising immigration functions, and

(b) on a local authority that—

(i) has exercised or may exercise functions under relevant children’s legislation in relation to the age-disputed person, and

(ii) is aware of the age assessment conducted by the designated person.

But this is subject to section 54(5) (decision of Tribunal to be binding on Secretary of State and local authorities) and section 56 (new information following age assessment or appeal).

(8) Regulations under subsection (1)(b) are subject to negative resolution procedure.

Persons subject to immigration control: assessment for immigration purposes

51

(1) A designated person may conduct an age assessment on an age-disputed person for the purposes of deciding whether or how the Secretary of State or an immigration officer should exercise any immigration functions in relation to the person.

(2) An assessment under subsection (1) may be conducted—

(a) in a case where subsections (3) and (4) of section 50 do not apply, or

(b) in a case where those subsections do apply—

(i) at any time before a local authority has referred the age-disputed person to a designated person under section 50(3)(a) or has informed the Secretary of State as mentioned in subsection (3)(b) or (c) of that section, or

(ii) if the Secretary of State has reason to doubt a local authority’s decision under subsection (3)(b) or (c) of that section.

(3) An age assessment under this section is binding on the Secretary of State and immigration officers when exercising immigration functions.

But this is subject to section 54(5) (decision of Tribunal to be binding on Secretary of State and local authorities) and section 56 (new information following age assessment or appeal).

(4) The standard of proof for an age assessment under this section is the balance of probabilities.

Use of scientific methods in age assessments

52

(1) The Secretary of State may make regulations specifying scientific methods that may be used for the purposes of age assessments under section 50 or 51.

(2) The types of scientific method that may be specified include methods involving—

(a) examining or measuring parts of a person’s body, including by the use of imaging technology;

(b) the analysis of saliva, cell or other samples taken from a person (including the analysis of DNA in the samples).

(3) A method may not be specified in regulations under subsection (1) unless the Secretary of State determines, after having sought scientific advice, that the method is appropriate for assessing a person’s age.

(4) A specified scientific method may be used for the purposes of an age assessment under section 50 or 51 only if the appropriate consent is given.

(5) The appropriate consent is—

(a) where the age-disputed person has the capacity to consent to the use of the scientific method in question, their consent;

(b) where the age-disputed person does not have the capacity to consent to the use of the scientific method in question, the consent of—

(i) the person’s parent or guardian, or

(ii) another person, of a description specified in regulations made by the Secretary of State, who is able to give consent on behalf of the age-disputed person.

(6) Subsection (7) applies where—

(a) the age-disputed person or, in a case where the age-disputed person lacks capacity, a person mentioned in subsection (5)(b), decides not to consent to the use of a specified scientific method, and

(b) there are no reasonable grounds for that decision.

(7) In deciding whether to believe any statement made by or on behalf of the age-disputed person that is relevant to the assessment of their age, the decision-maker must take into account, as damaging the age-disputed person’s credibility (or the credibility of a person who has made a statement on their behalf), the decision not to consent to the use of the specified scientific method.

(8) Regulations under this section are subject to affirmative resolution procedure.

(9) This section does not prevent the use of a scientific method that is not a specified scientific method for the purposes of an age assessment under section 50 or 51 if the decision-maker considers it appropriate to do so and, where necessary, the appropriate consent is given.

Regulations about age assessments

53

(1) The Secretary of State may make regulations about age assessments under section 50 or 51, which may in particular include provision about—

(a) the processes to be followed, including—

(i) the information and evidence that must be considered and the weight to be given to it,

(ii) the circumstances in which an abbreviated age assessment may be appropriate,

(iii) protections or safeguarding measures for the age-disputed person, and

(iv) where consent is required for the use of a specified scientific method, the processes for assessing a person’s capacity to consent, for seeking consent and for recording the decision on consent;

(b) the qualifications or experience necessary for a person to conduct an age assessment;

(i) the qualifications or experience necessary for a person to conduct tests in accordance with those methods, and

(ii) the settings in which such tests must be carried out;

(d) the content and distribution of reports on age assessments;

(e) the communication of decisions to the age-disputed person and any other person affected by the decision, and notification of appeal rights (see section 54); and

(f) the consequences of a lack of co-operation with the assessment by the age-disputed person, which may include damage to the person’s credibility.

(2) The regulations may also include provision about—

(a) referrals under section 50(1) or (3)(a), including the process for making such a referral and about the withdrawal of a referral;

(b) how and when a local authority must inform the Secretary of State as mentioned in section 50(3)(b) and (c);

(3) Regulations under this section are subject to affirmative resolution procedure.

Appeals relating to age assessments

54

(1) This section applies if—

(a) an age assessment is conducted on an age-disputed person (“P”) under section 50 or 51, and

(b) the decision-maker decides that P is an age other than the age that P claims (or is claimed) to be.

(2) P may appeal to the First-tier Tribunal against the decision-maker’s decision.

(3) On the appeal, the Tribunal must—

(a) determine P’s age on the balance of probabilities, and

(b) assign a date of birth to P.

(4) In making the determination, the Tribunal may consider any matter which it thinks relevant, including—

(a) any matter of which the decision-maker was unaware, and

(b) any matter arising after the date of the decision appealed against.

(5) A determination on an appeal under subsection (2) is binding—

(a) on the Secretary of State and immigration officers when exercising immigration functions in relation to P, and

(b) on a local authority that has exercised or may exercise functions under relevant children’s legislation in relation to P.

(6) This section is subject to—

(a) section 55 (appeals relating to age assessments: supplementary), and

(b) section 56 (new information following age assessment or appeal).

Appeals relating to age assessments: supplementary

55

(1) This section applies to an appeal under section 54(2).

(2) The appeal must be brought from within the United Kingdom.

(3) If the person who brings the appeal leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned.

(4) The person who brings the appeal may make an application to the First-tier Tribunal for an order that, until the appeal is finally determined, withdrawn or abandoned, the local authority must exercise its functions under relevant children’s legislation in relation to the person on the basis that they are the age that they claim (or are claimed) to be.

(5) Subsection (6) applies if it is alleged—

(a) that a document relied on by a party to an appeal is a forgery, and

(b) that disclosure to that party of a matter relating to the detection of the forgery would be contrary to the public interest.

(6) The First-tier Tribunal—

(a) must investigate the allegation in private, and

(b) may proceed in private so far as necessary to prevent disclosure of the matter referred to in subsection (5)(b).

(7) Subsection (8) applies in relation to—

(a) proceedings on an appeal, and

(b) proceedings in the Upper Tribunal arising out of proceedings within paragraph (a).

(8) Practice directions under section 23 of the Tribunals, Courts and Enforcement Act 2007 may require the First-tier Tribunal or the Upper Tribunal to treat a specified decision of the First-tier Tribunal or the Upper Tribunal as authoritative in respect of a particular matter.

(9) For the purposes of this Part an appeal is not finally determined if—

(a) an application for permission to appeal under section 11, 13 or 14B of the Tribunals, Courts and Enforcement Act 2007 could be made (ignoring any possibility of an application out of time) or is awaiting determination,

(b) an application for permission to appeal to the Supreme Court from—

(i) the Court of Appeal in England and Wales,

(ii) the Court of Session, or

(iii) the Court of Appeal in Northern Ireland,

could be made (ignoring any possibility of an application out of time) or is awaiting determination,

(c) permission to appeal of the kind mentioned in paragraph (a) or (b) has been granted and the appeal is awaiting determination, or

(d) an appeal has been remitted under section 12 or 14 of the Tribunals, Courts and Enforcement Act 2007, or by the Supreme Court, and is awaiting determination.

New information following age assessment or appeal

56

(1) This section applies where—

(a) an age assessment has been conducted on an age-disputed person (“P”) under section 50 or 51,

(b) an appeal under section 54(2) could no longer be brought (ignoring any possibility of an appeal out of time) or has been finally determined, and

(2) In this section, the age assessment referred to in subsection (1)(a) is referred to as the “first age assessment”.

(3) In a case where the first age assessment was conducted by a designated person, they must—

(a) decide whether the new information is significant new evidence, and

(b) if they decide that it is, conduct a further age assessment on P.

(4) In a case where the first age assessment was conducted by a local authority, it must—

(a) decide whether the new information is significant new evidence or refer the new information to a designated person for a decision on that matter, and

(b) if it is decided that the new information is significant new evidence—

(i) conduct a further age assessment on P, or

(ii) refer P to a designated person for a further age assessment.

(5) For the purposes of subsections (3) and (4), new information is “significant new evidence” if there is a realistic prospect that, if a further age assessment were to be conducted on P, taking into account the new information, P’s age would be assessed as different from the age determined in the first age assessment or in the appeal proceedings.

(6) A further age assessment conducted by a designated person under subsection (3) or (4)(b)(ii) is to be treated—

(a) in a case where the first age assessment was conducted under section 50, as an age assessment conducted by the designated person following a referral under subsection (3)(a) of that section;

(b) in a case where the first age assessment was conducted under section 51, as an age assessment conducted under that section.

(7) A further age assessment conducted by a local authority under subsection (4)(b)(i) is to be treated as an age assessment conducted by a local authority under section 50(3)(b).

(8) A person conducting a further age assessment under this section does not need to revisit matters that were considered in the first age assessment if they do not think it is necessary to do so.

Civil legal services relating to age assessments

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(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services) is amended as follows.

(2) In Part 1 (services) after paragraph 31A insert—

(31B) (1) Civil legal services provided in relation to— (a) an appeal under section 54(2) of the Nationality and Borders Act 2022 (appeals relating to age assessments), (b) an application for an order under section 55(4) of that Act (order for support to be provided pending final determination of appeal), and (c) an appeal to the Upper Tribunal, Court of Appeal or Supreme Court relating to an appeal within paragraph (a) or an application within paragraph (b). (2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

(3) In Part 3 (advocacy: exclusions and exceptions), in paragraph 13 (advocacy in proceedings in the First-tier Tribunal), after “31A,” insert “31B,”.

PART 5 — Modern Slavery

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

58

(1) The Secretary of State may serve a slavery or trafficking information notice on a person who has made a protection claim or a human rights claim.

(2) A “slavery or trafficking information notice” is a notice requiring the recipient to provide the Secretary of State (and any other competent authority specified in the notice), before the specified date, with any relevant status information the recipient has.

(3) “Relevant status information” is information that may be relevant for the purpose of making a reasonable grounds decision or a conclusive grounds decision in relation to the recipient.

(4) Subsection (5) applies if the recipient of a slavery or trafficking information notice provides the Secretary of State or competent authority with relevant status information on or after the specified date.

(5) The recipient must also provide a statement setting out their reasons for not providing the relevant status information before the specified date (and see section 59).

(6) In this section—

“protection claim” and “human rights claim” have the same meanings as in Part 2;

“specified date” means the date specified in the slavery or trafficking information notice.

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

59

(1) This section applies where—

(a) a person aged 18 or over has been served with a slavery or trafficking information notice under section 58,

(b) the person provided relevant status information late, and

(c) a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the person.

(2) In determining whether to believe a statement made by or on behalf of the person, the competent authority must take account, as damaging the person’s credibility, of the late provision of the relevant status information, unless there are good reasons why the information was provided late.

(3) For the purposes of this section, relevant status information is provided “late” by the person if it is provided on or after the date specified in the slavery or trafficking information notice.

(4) In this section, “relevant status information” has the same meaning as in section 58 (see subsection (3) of that section).

Identification of potential victims of slavery or human trafficking

60

(1) The Modern Slavery Act 2015 is amended as follows.

(2) Section 49 (guidance about identifying and supporting victims) is amended in accordance with subsections (3) and (4).

(3) In subsection (1)—

(a) in paragraph (b)—

(i) for “may be” substitute “are”;

(ii) at the end insert “or who are such victims”;

(b) in paragraph (c) for “may be” substitute “is”;

(d) arrangements for determining whether a person is a victim of slavery or human trafficking.

(4) After that subsection insert—

(1A) Guidance issued under subsection (1) must, in particular, provide that the determination mentioned in paragraph (d) is to be made on the balance of probabilities.

(5) In section 50 (regulations about identifying and supporting victims)—

(a) in subsection (1)(a) for “may be” substitute “are”;

(b) in subsection (2)(a) for “may be” substitute “is”;

(4) If regulations under subsection (2) make provision for determining whether a person is a victim of slavery or human trafficking (as mentioned in paragraph (b) of that subsection), they must provide that the determination is to be made on the balance of probabilities.

(6) In section 51 (presumption about age)—

(a) in subsection (1)(a) for “may be” substitute “is”;

(b) in subsection (3), in the opening words, for “may be” substitute “are”.

(7) In section 56 (interpretation)—

(a) before subsection (1) insert—

(A1) For the purposes of sections 48 to 53 (identification and protection of victims), “victim of slavery” and “victim of human trafficking” have the meanings given in regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022.

;

(b) in each of subsections (1) and (2), after “purposes of” insert “any other provision of”.

Identified potential victims of slavery or human trafficking: recovery period

61

(1) This section applies to a person (an “identified potential victim”) if—

(a) a decision is made by a competent authority that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking (a “positive reasonable grounds decision”), and

(b) that decision is not a further RG decision (as to which, see section 62).

(2) Subject to section 63(2), the identified potential victim may not be removed from, or required to leave, the United Kingdom during the recovery period.

(3) The “recovery period”, in relation to an identified potential victim, is the period—

(a) beginning with the day on which the positive reasonable grounds decision is made, and

(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).

No entitlement to additional recovery period etc

62

(1) This section applies where—

(a) a competent authority has previously made a positive reasonable grounds decision in relation to a person (the “first RG decision”), and

(b) a further positive reasonable grounds decision is made in relation to the person, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made (the “further RG decision”).

(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—

(a) beginning with the day on which the further RG decision is made, and

(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).

This is subject to section 63(2).

Identified potential victims etc: disqualification from protection

63

(1) A competent authority may determine that subsection (2) is to apply to a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that the person—

(a) is a threat to public order, or

(b) has claimed to be a victim of slavery or human trafficking in bad faith.

(2) Where this subsection applies to a person the following cease to apply—

(a) any prohibition on removing the person from, or requiring them to leave, the United Kingdom arising under section 61 or 62, and

(b) any requirement under section 65 to grant the person limited leave to remain in the United Kingdom.

(3) For the purposes of this section, the circumstances in which a person is a threat to public order include, in particular, where—

(a) the person has been convicted of a terrorist offence;

(b) the person has been convicted of any other offence listed in Schedule 4 to the Modern Slavery Act 2015 anywhere in the United Kingdom, or of a corresponding offence;

(c) the person is subject to a TPIM notice (within the meaning given by section 2 of the Terrorism Prevention and Investigation Measures Act 2011);

(d) there are reasonable grounds to suspect that the person is or has been involved in terrorism-related activity within the meaning given by section 4 of that Act (whether or not the terrorism-related activity is attributable to the person being, or having been, a victim of slavery or human trafficking);

(da) the person is subject to a notice under Part 2 of the National Security Act 2023;

(db) there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);

(e) the person is subject to a temporary exclusion order imposed under section 2 of the Counter-Terrorism and Security Act 2015;

(f) the person is a foreign criminal within the meaning given by section 32(1) of the UK Borders Act 2007 (automatic deportation for foreign criminals);

(g) the Secretary of State has made an order in relation to the person under section 40(2) of the British Nationality Act 1981 (order depriving person of citizenship status where to do so is conducive to the public good);

(h) the Refugee Convention does not apply to the person by virtue of Article 1(F) of that Convention (serious criminals etc);

(i) the person otherwise poses a risk to the national security of the United Kingdom.

(4) In subsection (3)(a), “terrorist offence” means any of the following (whenever committed)—

(a) an offence listed in—

(i) Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or

(ii) Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland);

(b) an offence that was determined to have a terrorist connection under—

(i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), or

(ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied);

(c) an offence that has been proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland);

(d) an act constituting an offence under the law in force in a country outside the United Kingdom that—

(i) would have constituted an offence within paragraph (a) if it had been committed in any part of the United Kingdom, or

(ii) was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.

(5) In subsection (3)(b) “corresponding offence” means—

(a) an offence under the law of Scotland or of Northern Ireland which corresponds to an offence listed in Schedule 4 to the Modern Slavery Act 2015;

(b) an act constituting an offence under the law in force in a country outside the United Kingdom that would have constituted an offence listed in that Schedule if it had been committed in England or Wales.

(6) For the purposes of this section an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.

(7) In this section—

“act” includes an omission;

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and its Protocol;

“terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act).

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

64

After section 50 of the Modern Slavery Act 2015 insert—

(50A) (1) The Secretary of State must secure that any necessary assistance and support is available to an identified potential victim (within the meaning given by section 61 of the Nationality and Borders Act 2022 (the “2022 Act”)) during the recovery period. (2) For the purposes of this section, assistance and support is “necessary” if the Secretary of State considers that it is necessary for the purpose of assisting the person receiving it in their recovery from any physical, psychological or social harm arising from the conduct which resulted in the positive reasonable grounds decision in question. (3) Subsection (4) applies where a further RG decision, within the meaning given by section 62 of the 2022 Act, is made in relation to a person. (4) If the Secretary of State determines that it is appropriate to do so, the Secretary of State must secure that any necessary assistance and support is available to the person during the period— (a) beginning with the day on which the further RG decision is made, and (b) ending with whichever of the following is the later— (i) the day on which the conclusive grounds decision is made in relation to the further RG decision; (ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a). (5) Any duty under subsection (1) or (4) ceases to apply in relation to a person in respect of whom a determination is made under section 63(2) of the 2022 Act (disqualification from protection). (6) In this section, a reference to assistance and support is to assistance and support provided in accordance with— (a) arrangements referred to in section 49(1)(b), or (b) regulations made under section 50. (7) In this section— - “conclusive grounds decision” has the same meaning as in Part 5 of the 2022 Act (see section 69 of that Act); - “recovery period” has the same meaning as in section 61 of that Act.

Leave to remain for victims of slavery or human trafficking

65

(1) This section applies if a positive conclusive grounds decision is made in respect of a person—

(a) who is not a British citizen, and

(b) who does not have leave to remain in the United Kingdom.

(2) The Secretary of State must grant the person limited leave to remain in the United Kingdom if the Secretary of State considers it is necessary for the purpose of—

(a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation,

(b) enabling the person to seek compensation in respect of the relevant exploitation, or

(c) enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.

(3) Subsection (2) is subject to section 63(2).

(4) Leave is not necessary for the purpose mentioned in—

(a) subsection (2)(a) if the Secretary of State considers that the person’s need for assistance is capable of being met in a country or territory within paragraph (a) or (b) of subsection (5) (or both);

(b) subsection (2)(b) if the Secretary of State considers that—

(i) the person is capable of seeking compensation from outside the United Kingdom, and

(ii) it would be reasonable for the person to do so in the circumstances.

(5) A country or territory is within this subsection if—

(a) it is a country of which the person is a national or citizen;

(b) it is one to which the person may be removed in accordance with an agreement between that country or territory and the United Kingdom (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).

(6) Subsection (7) applies if the Secretary of State is satisfied that—

(a) the person is a threat to public order, or

(b) the person has claimed to be a victim of slavery or human trafficking in bad faith.

(7) Where this subsection applies—

(a) the Secretary of State is not required to grant the person leave under subsection (2), and

(b) if such leave has already been granted to the person, it may be revoked.

(8) Leave granted to a person under subsection (2) may be revoked in such other circumstances as may be prescribed in immigration rules.

(9) Subsections (3) to (7) of section 63 apply for the purposes of this section as they apply for the purposes of that section.

(10) In this section—

“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;

“public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998;

“the relevant exploitation” means the conduct resulting in the positive conclusive grounds decision.

(11) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.

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

66

(1) Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services qualifying for legal aid) is amended as follows.

(2) In paragraph 19 (judicial review)—

(a) after sub-paragraph (1) insert—

(1A) Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) that are of a description to which sub-paragraph (1B) applies (and has not withdrawn the determination). (1B) This sub-paragraph applies to services in relation to any immigration or asylum decision (or failure to make a decision) against which there is no right of appeal.

;

(b) after sub-paragraph (2) insert—

(2A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

;

(8A) The add-on services described in sub-paragraph (1A) do not include— (a) advocacy, or (b) attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

(3) In each of paragraphs 25, 26, 27 and 27A (various immigration matters)—

(a) after sub-paragraph (1) insert—

(1A) Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn that determination).

;

(b) after sub-paragraph (2) insert—

(3) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule. (4) The add-on services described in sub-paragraph (1A) do not include— (a) advocacy, or (b) attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

(4) In paragraph 30 (immigration: rights to enter and remain)—

(a) after sub-paragraph (1) insert—

(1A) Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination).

;

(b) after sub-paragraph (2) insert—

(2A) Sub-paragraph (1A) is subject to the exclusions in Part 2 of this Schedule.

;

(3A) The add-on services described in sub-paragraph (1A) do not include— (a) advocacy, or (b) attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

(5) In paragraph 31A (immigration, citizenship and nationality: separated children)—

(a) after sub-paragraph (2) insert—

(2A) Civil legal services provided to an individual in relation to referral into the national referral mechanism, in a case where the Director has determined the individual qualifies for any services described in sub-paragraph (1) (and has not withdrawn the determination).

;

(b) after sub-paragraph (3) insert—

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