Duty to make arrangements for removal

^F13 Amendment of date in section 2(3) etc

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^F14 Unaccompanied children and power to provide for exceptions

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^F27 Powers to amend Schedule 1

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Detention, bail etc

^F211 Powers of detention

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12 Period for which persons may be detained _I1,I2

(1)In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.)—

(a)in paragraph 16 (powers to detain), after sub-paragraph (4) insert—

“(5)See paragraph 17A for further provision about the period for which persons may be detained under this paragraph.”;

(b)after paragraph 17 insert—

“17A(1)A person liable to be detained under paragraph 16 may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination or removal to be carried out, the decision to be made, or the directions to be given.

(2)Sub-paragraphs (1) to (2), (2C), (3) and (4) of paragraph 16 apply regardless of whether there is anything that for the time being prevents the examination or removal from being carried out, the decision from being made, or the directions from being given.

(3)Sub-paragraphs (1) and (2) are subject to—

(a)paragraph 16(1B) (power to detain for examination for period not exceeding 12 hours);

(b)paragraph 16(2A) and paragraph 18B (limitation on detention of unaccompanied children);

(c)paragraph 16(2B) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women);

(d)paragraph 16(2D) to (2G) (limitation on detention of pregnant women).

(4)Sub-paragraph (5) applies if, while a person is detained under paragraph 16, the Secretary of State no longer considers that the examination or removal will be carried out, the decision will be made, or the directions will be given within a reasonable period of time.

(5)The person may be detained under paragraph 16 for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.

(6)In the application of this paragraph in relation to detention under paragraph 16(3), references to “the removal” are to—

(a)the removal of the person from the ship or aircraft on which the person is detained so that the person may be detained under paragraph 16, or

(b)the removal of the person from the United Kingdom in that ship or aircraft.

(7)In the application of this paragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.”

(2)In paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control pending deportation)—

(a)after sub-paragraph (3) insert—

“(3A)A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the deportation order to be made, or the removal to be carried out.

(3B)Sub-paragraphs (1) to (3) apply regardless of whether there is anything that for the time being prevents the deportation order from being made or the removal from being carried out.

(3C)Sub-paragraphs (3A) and (3B) are subject to sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

(3D)Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that the deportation order will be made or the removal will be carried out within a reasonable period of time.

(3E)The person may be detained under that sub-paragraph for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.”;

(b) in sub-paragraph (4), for “17 to 18A” substitute “17, 18, 18A” .

(3)In section 10(9) of the Immigration and Asylum Act 1999 (application of Schedule 2 to the Immigration Act 1971 in relation to persons unlawfully in the United Kingdom)—

(a) in paragraph (b), for “16(2) to (4)” substitute “16(2) to (2B), (3) and (4)” ;

(b)after paragraph (c) insert—

“(ca)paragraph 17A (period for which persons may be detained);”.

(4)In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)—

(a)after subsection (2M) (inserted by section 11(6)), insert—

“(2N)A person liable to be detained under this section may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given.

(2O)Subsections (1) to (2A) apply regardless of whether there is anything that for the time being prevents the decision from being made, the removal or examination from being carried out, or the directions from being given.

(2P)Subsections (2N) and (2O) are subject to—

(a)paragraph 18B of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children), as applied by subsection (3);

(b)subsections (2B) to (2E) (limitation on detention of pregnant women);

(c)subsection (7A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

(2Q)Subsection (2R) applies if, while a person is detained under this section, the Secretary of State no longer considers that the decision will be made, the removal or examination will be carried out, or the directions will be given within a reasonable period of time.

(2R)The person may be detained under this section for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.”;

(b) in subsection (3), in the opening words, after “under that Schedule” insert “, other than paragraph 17A,” .

(5)In section 36 of the UK Borders Act 2007 (detention relating to deportation), after subsection (1) insert—

“(1A)A person liable to be detained under subsection (1) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision as to whether section 32(5) applies, or the deportation order, to be made.

(1B)Subsection (1) applies regardless of whether there is anything that for the time being prevents the decision or the deportation order from being made.

(1C)Subsections (1A) and (1B) are subject to subsection (2A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women).

(1D)Subsection (1E) applies if, while a person is detained under subsection (1), the Secretary of State no longer considers that the decision or the deportation order will be made within a reasonable period of time.

(1E)The person may be detained under subsection (1) for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.”

(6)In regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as it continues to have effect following its revocation (person subject to removal), for paragraph (1) substitute—

“(1)If there are reasonable grounds for suspecting that a person is someone who may be removed from the United Kingdom under regulation 23(6)(b), that person may be detained under the authority of the Secretary of State pending a decision whether or not to remove the person under that regulation.

(2)A person liable to be detained under paragraph (1) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made.

(3)Paragraph (1) applies regardless of whether there is anything that for the time being prevents the decision from being made.

(4)Paragraph (5) applies if, while a person is detained under paragraph (1), the Secretary of State no longer considers that the decision will be made within a reasonable period of time.

(5)The person may be detained under paragraph (1) for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.

(6)Paragraphs 17, 18 and 18A of Schedule 2 to the 1971 Act apply in relation to detention under paragraph (1) as they apply in relation to detention under paragraph 16 of that Schedule.”

^F315 Electronic devices etc

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Unaccompanied children

^F418 Duty of local authority to provide information to the Secretary of State

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^F420 Extension to Wales, Scotland and Northern Ireland

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Modern slavery

^F424 Provisions relating to support: Scotland

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Entry, settlement and citizenship

^F530 Entry into and settlement in the United Kingdom

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^F531 Persons prevented from obtaining British citizenship etc

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^F532 British citizenship

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^F533 British overseas territories citizenship

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^F534 British overseas citizenship

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^F535 British subjects

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^F536 Disapplication of sections 32 to 35

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^F537 Amendments relating to sections 32 to 36

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Legal proceedings

^F540 Meaning of “serious and irreversible harm”

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^F542 Serious harm suspensive claims

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^F543 Removal conditions suspensive claims

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^F550 Procedure for Tribunal Procedure Rules

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52 Judges of First-tier Tribunal and Upper Tribunal _I4

In section 5(1) of the Tribunals, Courts and Enforcement Act 2007 (judges and other members of the Upper Tribunal), after paragraph (c) insert—

“(ca)is a judge of the First-tier Tribunal,”.

Inadmissibility of certain asylum and human rights claims

59 Inadmissibility of certain asylum and human rights claims _I5,I6

(1)Part 4A of the Nationality, Immigration and Asylum Act 2002 (inadmissible asylum claims) is amended as follows.

(2)In section 80A (asylum claims by EU nationals)—

(a)in subsection (1)—

(i) after “claim” insert “or a human rights claim” ;

(ii) for “member State” substitute “State listed in section 80AA(1)” ;

(b) in subsection (2), for “An asylum” substitute “A” ;

(c)in subsection (3)—

(i) for “an asylum” substitute “a” ;

(ii) after “82(1)(a)” insert “or (b)” ;

(iii) after “protection claim” insert “or human rights claim” ;

(d)in subsection (5)—

(i) in the words before paragraph (a), omit from “where” to “national”;

(ii) in paragraph (a), at the beginning insert “in a case where the claimant is a national of a State that is a signatory to the Human Rights Convention, where that State” ;

(iii) in paragraph (b), at the beginning insert “in a case where the claimant is a national of a member State, where that State” ;

(e)in subsection (6)—

(i) after “this section” insert “and section 80AA” ;

(ii) after “claim”,” insert ““human rights claim”,” ;

(iii)at the appropriate place insert—

• ““national” includes citizen;”;

(f) for the heading, substitute “Claims by nationals of listed safe States” .

(3)After section 80A insert—

“80AA Safe States for the purposes of section 80A

(1)The States are—

(a)Albania,

(b)Austria,

(c)Belgium,

(d)Bulgaria,

(e)Republic of Croatia,

(f)Republic of Cyprus,

(g)Czech Republic,

(h)Denmark,

(i)Estonia,

(j)Finland,

(k)France,

(l)Germany,

(m)Greece,

(n)Hungary,

(o)Iceland,

(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.”

(4) In the heading to Part 4A, after “Asylum” insert “and Human Rights” .

Safe and legal routes

60 Cap on number of entrants using safe and legal routes _I7,I8

(1)The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually using safe and legal routes (see subsection (7)).

(2)Before making the regulations the Secretary of State must consult—

(a)in England and Wales and Scotland, such representatives of local authorities as the Secretary of State considers appropriate,

(b)the Executive Office in Northern Ireland, and

(c)such other persons or bodies as the Secretary of State considers appropriate.

(3)But the duty to consult does not apply where the Secretary of State considers that the number needs to be changed as a matter of urgency.

(4)The Secretary of State must begin the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of 3 months beginning with the day on which this Act is passed.

(5)If in any year the number of persons who enter the United Kingdom using safe and legal routes exceeds the number specified in the regulations, the Secretary of State must lay a statement before Parliament—

(a)setting out the number of persons who have, in that year, entered the United Kingdom using safe and legal routes, and

(b)explaining why the number exceeds that specified in the regulations.

(6)The statement must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.

(7)In this section—

• “ local authority ” means—

  (a)

  in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and

  (b)

  in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

• “ safe and legal route ” means a route specified in regulations made by the Secretary of State.

^F761 Report on safe and legal routes

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Credibility of claimant

62 Credibility of claimant: concealment of information etc _I9,I10

(1)Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended as follows.

(2)In subsection (3)—

(a) in paragraphs (a) and (c) for “a passport” substitute “an identity document” ;

(b) in paragraph (b) for “passport” substitute “identity document” ;

(c) after paragraph (d) (but before the “and”) insert—

“(da)failure to provide to an immigration officer or the Secretary of State, on request, any information or anything else required in order to access any information stored in electronic form on a thing in the possession of an immigration officer or the Secretary of State that—

(i)was found on the claimant, or

(ii)appears to an immigration officer or the Secretary of State to have been in the possession of the claimant,”.

(3)In subsection (7)—

(a)insert at the appropriate place—

• ““document” includes information recorded in any form;”;

• ““identity document” means any document that may be used (whether by itself or otherwise and with or without modifications) to establish, or provide evidence of, a person’s identity or address;”;

(b) omit the definition of “passport”.

(4) In subsection (8) for “A passport” substitute “An identity document” .

General

63 Financial provision _I11

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred under or by virtue of this Act by a Minister of the Crown, and

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.

64 Consequential and minor provision _I12

(1)The Secretary of State may by regulations make provision that is consequential on this Act.

(2)Regulations under subsection (1) may, in particular, amend, repeal or revoke any enactment passed or made before, or in the same Session as, this Act.

(3)In subsection (2) “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

(b)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;

(c)an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;

(d)an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(4)In section 61(2) of the UK Borders Act 2007 (meaning of “the Immigration Acts”)—

(a)omit the “and” at the end of paragraph (l), and

(b)after paragraph (m) insert “, and

(n)the Illegal Migration Act 2023.”

(5)In Schedule 5 to the Nationality and Borders Act 2022, in paragraph 8, omit sub-paragraph (2).

65 Regulations _I13

(1)A power to make regulations under this Act is exercisable by statutory instrument.

(2)Regulations under this Act may make—

(a)consequential, supplementary, incidental, transitional or saving provision;

(b)different provision for different purposes.

(3)Subsection (2) does not apply to regulations under section 68(1) (commencement).

(4)A statutory instrument containing (whether alone or with other provision)—

(a)regulations under section 4(3)(d) (circumstances in which power to make arrangements for removal of unaccompanied child applies),

(b)regulations under section 7(1) (powers to amend Schedule 1),

(c)regulations under section 20(1) (extension to Wales, Scotland and Northern Ireland),

(d)regulations under section 24(9) (amendments in consequence of regulations made by the Scottish Ministers),

(e)regulations under section 26(3)(b) (continuation of operation of modern slavery provisions),

(f) regulations under section 40 (meaning of “ serious and irreversible harm ”),

(g)regulations under section 60 (cap on number of entrants using safe and legal routes),

(h)regulations under section 64(1) (consequential provision) which amend, repeal or revoke primary legislation, or

(i)regulations under paragraph 10 of Schedule 2 (powers relating to relevant articles containing items subject to legal privilege),

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

(5)Any other statutory instrument containing regulations under this Act for which no Parliamentary procedure is otherwise specified by this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Subsection (5) does not apply to a statutory instrument containing only regulations under—

(a)section 26(8) (transitional etc provision in connection with suspension of operation of modern slavery provisions);

(b)section 68 (commencement).

(7) In this section “ primary legislation ” means—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)a Measure or Act of Senedd Cymru, or

(d)Northern Ireland legislation.

^F866 Defined expressions

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67 Extent _I14

(1)This Act extends to England and Wales, Scotland and Northern Ireland, subject as follows.

(2)Section 23 extends to England and Wales only.

(3)Section 24 extends to Scotland only.

(4)Section 25 extends to Northern Ireland only.

(5)Subsections (7) to (10) of section 4 (and section 65 so far as applying to those subsections) also extend to the Channel Islands and the Isle of Man and the British overseas territories, but only so as to enable regulations under subsection (7) of section 4 to make provision for any of sections 31 to 36 to have effect with modifications in relation to a person to whom regulations under that subsection apply.

(6)Sections 31 to 37 also extend to the Channel Islands and the Isle of Man and the British overseas territories.

(7)His Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

(8)Subsection (7) does not apply to—

(a)sections 4(7) to (10) and 65, so far as they extend to the Channel Islands and the Isle of Man by virtue of subsection (5), or

(b)sections 31 to 37.

(9)Any amendment, repeal or revocation made by this Act has the same extent within the United Kingdom as the provision to which it relates.

(10)A power under any provision listed in subsection (11) may be exercised so as to extend (with or without modifications) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (11) relates.

(11)Those provisions are—

(a)section 36 of the Immigration Act 1971,

(b)section 9(3) of the Special Immigration Appeals Commission Act 1997,

(c)section 170(7) of the Immigration and Asylum Act 1999,

(d)section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(e)section 49(3) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004,

(f)section 60(4) of the UK Borders Act 2007,

(g)section 57(5) of the Borders, Citizenship and Immigration Act 2009,

(h)section 60(6) of the Modern Slavery Act 2015,

(i)section 95(5) of the Immigration Act 2016, and

(j)section 86(4) of the Nationality and Borders Act 2022.

68 Commencement _I15

(1)Subject to subsections (3) and (4), this Act comes into force on such day as the Secretary of State may by regulations appoint.

(2)Regulations under subsection (1) may appoint different days for different purposes.

(3)The following provisions come into force on the day on which this Act is passed—

(a)sections 30 to 37;

(b)section 52;

(c)sections 63 to 67;

(d)this section;

(e)section 69.

(4)The following provisions come into force on the day on which this Act is passed for the purposes of making regulations—

(a)section 3 (amendment of date in section 2(3) etc);

(b)section 4 (unaccompanied children and power to provide for exceptions);

(c)section 7 (powers to amend Schedule 1);

(d)section 11(2) (detention under authority of immigration officer);

(e)section 11(6) (detention under authority of Secretary of State);

(f)section 18 (duty of local authority to provide information to Secretary of State);

(g)section 20 (extension of provisions relating to unaccompanied children to Wales, Scotland and Northern Ireland);

(h)section 24 (modern slavery: support in Scotland);

(i) section 40 (meaning of “ serious and irreversible harm ”);

(j)section 42 (serious harm suspensive claims);

(k)section 43 (removal conditions suspensive claims);

(l)section 60(7) (definition of safe and legal routes).

(5)The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

69 Short title _I16

This Act may be cited as the Illegal Migration Act 2023.

Schedules

Section 15

^F10Schedule 2 Electronic devices etc

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