Immigration, Asylum and Nationality Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Immigration, Asylum and Nationality Bill

Immigration, Asylum and Nationality Bill
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(2)
In respect of any application or claim in connection with immigration (whether
or not under the rules referred to in subsection (1) or any other enactment) the
Secretary of State—
(a)
may require a specified procedure to be followed (and may, in
particular, require the use of a specified form and the submission of
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specified information or documents),
(b)
may direct the manner in which a fee is to be paid and the rules referred
to in subsection (1) may provide for the consequences of failure to
comply with a requirement under paragraph (a) or (b).
(3)
The following shall cease to have effect—
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(a)
section 31A of the Immigration Act 1971 (c. 77) (procedure for
applications), and
(b)
section 25 of the Asylum and Immigration (Treatment of Claimants
etc.) Act 2004 (c. 19) (marriage: application for permission).
(4)
At the end of section 41(1) of the British Nationality Act 1981 (c. 61) (procedure)
15
add—
“(j)
as to the consequences of failure to comply with provision made
under any of paragraphs (a) to (i).”
(5)
In section 10(2)(c) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(right of abode: certificate of entitlement: procedure) for “made in a specified
20
form;” substitute “accompanied by specified information;”.
(6)
Paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004 (c. 33)
(immigration: procedure) shall cease to have effect.
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Fees
(1)
The Secretary of State may by order require an application or claim in
25
connection with immigration or nationality (whether or not under an
enactment) to be accompanied by a specified fee.
(2)
The Secretary of State may by order provide for a fee to be charged by him, by
an immigration officer or by another specified person in respect of—
(a)
the provision on request of a service (whether or not under an
30
enactment) in connection with immigration or nationality,
(b)
a process (whether or not under an enactment) in connection with
immigration or nationality,
(c)
the provision on request of advice in connection with immigration or
nationality, or
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(d)
the provision on request of information in connection with
immigration or nationality.
(3)
Where an order under this section provides for a fee to be charged, regulations
made by the Secretary of State—
(a)
shall specify the amount of the fee,
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(b)
may provide for exceptions,
(c)
may confer a discretion to reduce, waive or refund all or part of a fee,
(d)
may make provision about the consequences of failure to pay a fee,
(e)
may make provision about enforcement, and
(f)
may make provision about the time or period of time at or during
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which a fee may or must be paid.

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(4)
Fees paid by virtue of this section shall—
(a)
be paid into the Consolidated Fund, or
(b)
be applied in such other way as the relevant order may specify.
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Fees: supplemental
(1)
A fee imposed under section 49 may relate to a thing whether or not it is done
5
wholly or partly outside the United Kingdom; but that section is without
prejudice to—
(a)
section 1 of the Consular Fees Act 1980 (c. 23), and
(b)
any other power to charge a fee.
(2)
Section 49 is without prejudice to the application of section 102 of the Finance
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(No. 2) Act 1987 (c. 51) (government fees and charges); and an order made
under that section in respect of a power repealed by Schedule 2 to this Act shall
have effect as if it related to the powers under section 49 above in so far as they
relate to the same matters as the repealed power.
(3)
An order or regulations under section 49—
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(a)
may make provision generally or only in respect of specified cases or
circumstances,
(b)
may make different provision for different cases or circumstances,
(c)
may include incidental, consequential or transitional provision, and
(d)
shall be made by statutory instrument.
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(4)
An order under section 49—
(a)
may be made only with the consent of the Treasury, and
(b)
may be made only if a draft has been laid before and approved by
resolution of each House of Parliament.
(5)
Regulations under section 49—
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(a)
may be made only with the consent of the Treasury, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
(6)
A reference in section 49 to anything in connection with immigration or
nationality includes a reference to anything in connection with an enactment
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(including an enactment of a jurisdiction outside the United Kingdom) that
relates wholly or partly to immigration or nationality.
(7)
Schedule 2 (consequential amendments) shall have effect.
Miscellaneous
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Arrest pending deportation
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At the end of paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (c. 77)
(deportation: power to detain) insert “; and for that purpose the reference in
paragraph 17(1) to a person liable to detention includes a reference to a person
who would be liable to detention upon receipt of a notice which is ready to be
given to him.”
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Refugee Convention: construction
(1)
In the construction and application of Article 1(F)(c) of the Refugee Convention
the reference to acts contrary to the purposes and principles of the United
Nations shall be taken as including, in particular—
(a)
acts of committing, preparing or instigating terrorism (whether or not
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the acts amount to an actual or inchoate offence), and
(b)
acts of encouraging or inducing others to commit, prepare or instigate
terrorism (whether or not the acts amount to an actual or inchoate
offence).
(2)
Where the Secretary of State rejects an asylum claim wholly or partly on the
10
grounds that Article 1(F) of the Refugee Convention applies, or makes any
other decision wholly or partly in reliance on the application of that Article, the
Asylum and Immigration Tribunal or the Special Immigration Appeals
Commission—
(a)
must begin its consideration of the Refugee Convention on any appeal
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in which the rejection or decision is to be considered by considering
whether or not Article 1(F) applies, and
(b)
if it concludes that Article 1(F) applies, must dismiss the appeal in so far
as it relies on the Refugee Convention.
(3)
In this section—
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“asylum claim” means a claim by a person that to remove him from or
require him to leave the United Kingdom would be contrary to the
United Kingdom’s obligations under the Refugee Convention,
“the Refugee Convention” means the Convention relating to the Status of
Refugees done at Geneva on 28th July 1951, and
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“terrorism” has the meaning given by section 1 of the Terrorism Act 2000
(c. 11).
(4)
Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(serious criminal: Tribunal or Commission to begin by considering certificate)
shall have effect subject to subsection (2)(a) above.
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53
Deprivation of citizenship
(1)
For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of
citizenship: prejudicing UK interests) substitute—
“(2)
The Secretary of State may by order deprive a person of a citizenship
status if the Secretary of State is satisfied that deprivation is conducive
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to the public good.”
(2)
At the end of section 40A(3) of that Act (deprivation: appeal) add—

“, and
(e)
section 108 (forged document: proceedings in private).”;

(and omit the word “and” before section 40A(3)(d)).
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Deprivation of right of abode
(1)
After section 2 of the Immigration Act 1971 (c. 77) (right of abode) insert—
“2A
Deprivation of right of abode
(1)
The Secretary of State may by order remove from a specified person a
right of abode in the United Kingdom which he has under section
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2(1)(b).
(2)
The Secretary of State may make an order under subsection (1) in
respect of a person only if the Secretary of State thinks that it would be
conducive to the public good for the person to be excluded or removed
from the United Kingdom.
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(3)
An order under subsection (1) may be revoked by order of the Secretary
of State.
(4)
While an order under subsection (1) has effect in relation to a person—
(a)
section 2(2) shall not apply to him, and
(b)
any certificate of entitlement granted to him shall have no
15
effect.”
(2)
In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(right of appeal: definition of immigration decision) after paragraph (ia)
insert—
“(ib)
a decision to make an order under section 2A of that Act
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(deprivation of right of abode),”.
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Acquisition of British nationality, &c.
(1)
The Secretary of State shall not grant an application for registration as a citizen
of any description or as a British subject under a provision listed in subsection
(2) unless satisfied that the person is of good character.
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(2)
Those provisions are—
(a)
sections 1(3) and (4), 3(1), (2) and (5), 4(2) and (5), 4A, 4B, 4C, 5, 10(1)
and (2), 13(1) and (3) of the British Nationality Act 1981 (c. 61)
(registration as British citizen),
(b)
sections 15(3) and (4), 17(1), (2) and (5), 22(1) and (2), 24, 27(1) and 32 of
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that Act (registration as British overseas territories citizen, &c.),
(c)
section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41)
(registration as British citizen),
(d)
section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20)
(registration as British citizen), and
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(e)
article 6(3) of the Hong Kong (British Nationality) Order 1986 (S.I.
1986/948) (registration as British Overseas citizen).
(3)
Where the Secretary of State makes arrangements under section 43 of the
British Nationality Act 1981 for a function to be exercised by some other
person, subsection (1) above shall have effect in relation to that function as if
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the reference to the Secretary of State were a reference to that other person.
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Detained persons: national minimum wage
(1)
After section 153 of the Immigration and Asylum Act 1999 (c. 33) (removal

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centres: rules) insert—
“153A
Detained persons: national minimum wage

A detained person does not qualify for the national minimum wage in
respect of work which he does in pursuance of removal centre rules.”
(2)
After section 45A of the National Minimum Wage Act 1998 (c. 39) (exemptions
5
from national minimum wage: persons discharging fines) insert—
“45B
Immigration: detained persons

Section 153A of the Immigration and Asylum Act 1999 (c. 33) (persons
detained in removal centres) disqualifies certain persons for the
national minimum wage.”
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General
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Money
There shall be paid out of money provided by Parliament—
(a)
any expenditure of the Secretary of State in connection with this Act,
and
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(b)
any increase attributable to this Act in sums payable under another
enactment out of money provided by Parliament.
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Repeals
Schedule 3 (repeals) shall have effect.
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Commencement
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(1)
The preceding provisions of this Act shall come into force in accordance with
provision made by order of the Secretary of State.
(2)
An order under subsection (1)—
(a)
may make provision generally or only for specified purposes,
(b)
may make different provision for different purposes,
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(c)
may include transitional or incidental provision or savings, and
(d)
shall be made by statutory instrument.
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Extent
(1)
This Act extends to—
(a)
England and Wales,
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(b)
Scotland, and
(c)
Northern Ireland.
(2)
But—
(a)
an amendment by this Act of another Act has the same extent as that
Act or as the relevant part of that Act (ignoring extent by virtue of an
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Order in Council), and

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(b)
a provision of this Act shall, so far as it relates to nationality, have the
same extent as the British Nationality Act 1981 (c. 61) (disregarding
excepted provisions under section 53(7) of that Act).
(3)
Her Majesty may by Order in Council direct that a provision of this Act is to
extend, with or without modification or adaptation, to—
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(a)
any of the Channel Islands;
(b)
the Isle of Man.
(4)
Subsection (3) does not apply in relation to the extension to a place of a
provision which extends there by virtue of subsection (2)(b).
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Citation
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(1)
This Act may be cited as the Immigration, Asylum and Nationality Act 2006.
(2)
A reference (in any enactment, including one passed or made before this Act)
to “the Immigration Acts” is to—
(a)
the Immigration Act 1971 (c. 77),
(b)
the Immigration Act 1988 (c. 14),
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(c)
the Asylum and Immigration Appeals Act 1993 (c. 23),
(d)
the Asylum and Immigration Act 1996 (c. 49),
(e)
the Immigration and Asylum Act 1999 (c. 33),
(f)
the Nationality, Immigration and Asylum Act 2002 (c. 41),
(g)
the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.
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19), and
(h)
this Act.
(3)
The following shall cease to have effect—
(a)
section 32(5) of the Immigration Act 1971 (“the Immigration Acts”),
(b)
in section 167(1) of the Immigration and Asylum Act 1999, the
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definition of “the Immigration Acts”,
(c)
section 158 of the Nationality, Immigration and Asylum Act 2002 (“the
Immigration Acts”), and
(d)
section 44 of the Asylum and Immigration (Treatment of Claimants,
etc.) Act 2004 (c. 19) (“the Immigration Acts”).
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(4)
In Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) at the
appropriate place insert—
““The Immigration Acts” has the meaning given by section 61 of the
Immigration, Asylum and Nationality Act 2006.”