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Nationality, Immigration and Asylum Act 2002

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Nationality

    1. 1.Naturalisation: knowledge of language and society

    2. 2.Naturalisation: spouse of citizen

    3. 3.Citizenship ceremony, oath and pledge

    4. 4.Deprivation of citizenship

    5. 5.Resumption of citizenship

    6. 6.Nationality decision: discrimination

    7. 7.Nationality decision: reasons and review

    8. 8.Citizenship: registration

    9. 9.Legitimacy of child

    10. 10.Right of abode: certificate of entitlement

    11. 11.Unlawful presence in United Kingdom

    12. 12.British citizenship: registration of certain persons without other citizenship

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

    14. 14.Hong Kong

    15. 15.Repeal of spent provisions

  3. Part 2 Accommodation Centres

    1. Establishment

      1. 16.Establishment of centres

    2. Use of centres

      1. 17.Support for destitute asylum-seeker

      2. 18.Asylum-seeker: definition

      3. 19.Destitution: definition

      4. 20.Dependant: definition

      5. 21.Sections 17 to 20: supplementary

      6. 22.Immigration and Asylum Act 1999, s. 95

      7. 23.Person subject to United Kingdom entrance control

      8. 24.Provisional assistance

      9. 25.Length of stay

      10. 26.Withdrawal of support

    3. Operation of centres

      1. 27.Resident of centre

      2. 28.Manager of centre

      3. 29.Facilities

      4. 30.Conditions of residence

      5. 31.Financial contribution by resident

      6. 32.Tenure

      7. 33.Advisory Groups

    4. General

      1. 34.The Monitor of Accommodation Centres

      2. 35.Ancillary provisions

      3. 36.Education: general

      4. 37.Education: special cases

      5. 38.Local authority

      6. 39.“Prescribed”: orders and regulations

      7. 40.Scotland

      8. 41.Northern Ireland

      9. 42.Wales

  4. Part 3 Other Support and Assistance

    1. 43.Asylum-seeker: form of support

    2. 44.Destitute asylum-seeker

    3. 45.Section 44: supplemental

    4. 46.Section 44: supplemental: Scotland and Northern Ireland

    5. 47.Asylum-seeker: family with children

    6. 48.Young asylum-seeker

    7. 49.Failed asylum-seeker

    8. 50.Conditions of support

    9. 51.Choice of form of support

    10. 52.Back-dating of benefit for refugee

    11. 53.Asylum-seeker: appeal against refusal to support

    12. 54.Withholding and withdrawal of support

    13. 55.Late claim for asylum: refusal of support

    14. 56.Provision of support by local authority

    15. 57.Application for support: false or incomplete information

    16. 58.Voluntary departure from United Kingdom

    17. 59.International projects

    18. 60.Northern Ireland authorities

    19. 61.Repeal of spent provisions

  5. Part 4 Detention and Removal

    1. Detention

      1. 62.Detention by Secretary of State

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

      3. 64.Escorts

      4. 65.Detention centres: custodial functions

      5. 66.Detention centres: change of name

      6. 67.Construction of reference to person liable to detention

    2. Temporary release

      1. 68.Bail

      2. 69.Reporting restriction: travel expenses

      3. 70.Induction

      4. 71.Asylum-seeker: residence, &c. restriction

    3. Removal

      1. 72.Serious criminal

      2. 73.Family

      3. 74.Deception

      4. 75.Exemption from deportation

      5. 76.Revocation of leave to enter or remain

      6. 77.No removal while claim for asylum pending

      7. 78.No removal while appeal pending

      8. 79.Deportation order: appeal

      9. 80.Removal of asylum-seeker to third country

  6. Part 5 Immigration and Asylum Appeals

    1. Appeal to adjudicator

      1. 81.Adjudicators

      2. 82.Right of appeal: general

      3. 83.Appeal: asylum claim

      4. 84.Grounds of appeal

      5. 85.Matters to be considered

      6. 86.Determination of appeal

      7. 87.Successful appeal: direction

    2. Exceptions and limitations

      1. 88.Ineligibility

      2. 89.Visitor or student without entry clearance

      3. 90.Non-family visitor

      4. 91.Student

      5. 92.Appeal from within United Kingdom: general

      6. 93.Appeal from within United Kingdom: “third country” removal

      7. 94.Appeal from within United Kingdom: unfounded human rights or asylum claim

      8. 95.Appeal from outside United Kingdom: removal

      9. 96.Earlier right of appeal

      10. 97.National security, &c.

      11. 98.Other grounds of public good

      12. 99.Sections 96 to 98: appeal in progress

    3. Appeal from adjudicator

      1. 100.Immigration Appeal Tribunal

      2. 101.Appeal to Tribunal

      3. 102.Decision

      4. 103.Appeal from Tribunal

    4. Procedure

      1. 104.Pending appeal

      2. 105.Notice of immigration decision

      3. 106.Rules

      4. 107.Practice directions

      5. 108.Forged document: proceedings in private

    5. General

      1. 109.European Union and European Economic Area

      2. 110.Grants

      3. 111.Monitor of certification of claims as unfounded

      4. 112.Regulations, &c.

      5. 113.Interpretation

      6. 114.Repeal

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

      8. 116.Special Immigration Appeals Commission: Community Legal Service

      9. 117.Northern Ireland appeals: legal aid

  7. Part 6 Immigration Procedure

    1. Applications

      1. 118.Leave pending decision on variation application

      2. 119.Deemed leave on cancellation of notice

      3. 120.Requirement to state additional grounds for application

      4. 121.Compliance with procedure

    2. Work permit

      1. 122.Fee for work permit, &c.

      2. 123.Advice about work permit, &c.

    3. Authority-to-carry scheme

      1. 124.Authority to carry

    4. Evasion of procedure

      1. 125.Carriers' liability

    5. Provision of information by traveller

      1. 126.Physical data: compulsory provision

      2. 127.Physical data: voluntary provision

      3. 128.Data collection under Immigration and Asylum Act 1999

    6. Disclosure of information by public authority

      1. 129.Local authority

      2. 130.Inland Revenue

      3. 131.Police, &c.

      4. 132.Supply of document, &c. to Secretary of State

      5. 133.Medical inspectors

    7. Disclosure of information by private person

      1. 134.Employer

      2. 135.Financial institution

      3. 136.Notice

      4. 137.Disclosure of information: offences

      5. 138.Offence by body

      6. 139.Privilege against self-incrimination

    8. Immigration services

      1. 140.Immigration Services Commissioner

    9. Immigration control

      1. 141.EEA ports: juxtaposed controls

    10. Country information

      1. 142.Advisory Panel on Country Information

  8. Part 7 Offences

    1. Substance

      1. 143.Assisting unlawful immigration, &c.

      2. 144.Section 143: consequential amendments

      3. 145.Traffic in prostitution

      4. 146.Section 145: supplementary

      5. 147.Employment

      6. 148.Registration card

      7. 149.Immigration stamp

      8. 150.Sections 148 and 149: consequential amendments

      9. 151.False information

    2. Procedure

      1. 152.Arrest by immigration officer

      2. 153.Power of entry

      3. 154.Power to search for evidence

      4. 155.Sections 153 and 154: supplemental

      5. 156.Time limit on prosecution

  9. Part 8 General

    1. 157.Consequential and incidental provision

    2. 158.Interpretation: “the Immigration Acts”

    3. 159.Applied provision

    4. 160.Money

    5. 161.Repeals

    6. 162.Commencement

    7. 163.Extent

    8. 164.Short title

  10. SCHEDULES

    1. SCHEDULE 1

      Citizenship Ceremony, Oath and Pledge

      1. 1.The following shall be substituted for section 42 of the...

      2. 2.The following shall be substituted for Schedule 5 to the...

      3. 3.Section 41 of the British Nationality Act 1981 (c. 61)...

      4. 4.For subsection (1)(d) substitute— (d) for the time within which...

      5. 5.In subsection (2)(c)— (a) for “the taking there of any...

      6. 6.In subsection (3)(a) for “taking of oaths of allegiance” substitute...

      7. 7.After subsection (3) insert— (3A) Regulations under subsection (1)(d) to...

      8. 8.The Secretary of State may make a payment to a...

      9. 9.(1) A local authority must— (a) comply with a requirement...

    2. SCHEDULE 2

      Nationality: Repeal of Spent Provisions

      1. 1.The following provisions of the British Nationality Act 1981 (c....

      2. 2.Nothing in this Schedule has any effect in relation to...

    3. SCHEDULE 3

      Withholding and Withdrawal of Support

      1. 1.Ineligibility for support

      2. 2.Exceptions

      3. 3.Paragraph 1 does not prevent the exercise of a power...

      4. 4.First class of ineligible person: refugee status abroad

      5. 5.Second class of ineligible person: citizen of other EEA State

      6. 6.Third class of ineligible person: failed asylum-seeker

      7. 7.Fourth class of ineligible person: person unlawfully in United Kingdom

      8. 8.Travel assistance

      9. 9.Temporary accommodation

      10. 10.(1) The Secretary of State may make regulations providing for...

      11. 11.Assistance and accommodation: general

      12. 12.(1) Regulations may, in particular, provide that if a person...

      13. 13.Offences

      14. 14.Information

      15. 15.Power to amend Schedule

      16. 16.Orders and regulations

      17. 17.Interpretation

    4. SCHEDULE 4

      Immigration and Asylum Appeals: Adjudicators

      1. 1.Term of office

      2. 2.Proceedings

      3. 3.The Chief Adjudicator may determine— (a) that a specified appeal...

      4. 4.An adjudicator shall undertake duties allocated to him by the...

      5. 5.Staff

      6. 6.Money

      7. 7.The Lord Chancellor may pay compensation to a person who...

    5. SCHEDULE 5

      The Immigration Appeal Tribunal

      1. 1.Membership

      2. 2.(1) A member— (a) may resign by notice in writing...

      3. 3.Presidency

      4. 4.(1) The Lord Chancellor shall appoint one legally qualified member...

      5. 5.Proceedings

      6. 6.The Tribunal may sit in more than one division.

      7. 7.(1) The jurisdiction of the Tribunal may be exercised by...

      8. 8.Staff

      9. 9.Money

      10. 10.The Lord Chancellor may pay compensation to a person who...

      11. 11.Interpretation: legally qualified member

    6. SCHEDULE 6

      Immigration and Asylum Appeals: Transitional Provision

      1. 1.“Commencement”

      2. 2.Adjudicator

      3. 3.Tribunal

      4. 4.Earlier appeal

      5. 5.Saving

    7. SCHEDULE 7

      Immigration and Asylum Appeals: Consequential Amendments

      1. 1.Immigration Act 1971 (c. 77)

      2. 2.In paragraph 2A(9) of Schedule 2 to that Act (control...

      3. 3.In paragraph 4(4) of that Schedule (examination and detention of...

      4. 4.In paragraph 8(2) of that Schedule (time within which directions...

      5. 5.In paragraph 25 of that Schedule (rules) for “section 22...

      6. 6.In paragraph 29 of that Schedule (bail pending appeal)—

      7. 7.In paragraph 2(2) of Schedule 3 to that Act (deportation)...

      8. 8.For paragraph 3 of that Schedule (deportation: effect of appeal)...

      9. 9.House of Commons Disqualification Act 1975 (c. 24)

      10. 10.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

      11. 11.Race Relations Act 1976 (c. 74)

      12. 12.Section 57A (immigration cases) shall be amended as follows—

      13. 13.In section 62(1)(ba) (persistent discrimination) for “Part IV of the...

      14. 14.In section 65(7)(b) (help for aggrieved person) for “Part IV...

      15. 15.In section 66 (assistance by Commission)— (a) in subsection (8)...

      16. 16.Courts and Legal Services Act 1990 (c. 41)

      17. 17.Tribunals and Inquiries Act 1992 (c. 53)

      18. 18.Judicial Pensions and Retirement Act 1993 (c. 8)

      19. 19.In Schedule 5 to that Act (retirement provisions: the relevant...

      20. 20.Special Immigration Appeals Commission Act 1997 (c. 68)

      21. 21.Section 2A of that Act (human rights) shall cease to...

      22. 22.Section 4 of that Act (determination of appeals) shall cease...

      23. 23.In section 5 of that Act (procedure)—

      24. 24.Section 7A of that Act (pending appeals) shall cease to...

      25. 25.In paragraph 5 of Schedule 1 to that Act—

      26. 26.Schedule 2 to that Act shall cease to have effect....

      27. 27.Immigration and Asylum Act 1999 (c. 33)

      28. 28.In section 53(4) of that Act (bail) for “this Act”...

      29. 29.(1) Paragraph 9 of Schedule 4 to that Act (appeals:...

      30. 30.Anti-terrorism, Crime and Security Act 2001 (c. 24)

      31. 31.Proceeds of Crime Act 2002 (c. 29)

      32. 32.In paragraph 4 of Schedule 4 to that Act (lifestyle...

      33. 33.The following shall be substituted for paragraph 4 of Schedule...

    8. SCHEDULE 8

      Carriers' Liability

      1. 1.The Immigration and Asylum Act 1999 (c. 33) shall be...

      2. 2.(1) Section 32 (penalty for carrying clandestine entrant) shall be...

      3. 3.After section 32 insert— Level of penalty: code of practice...

      4. 4.The heading of section 33 (code of practice) becomes “Prevention...

      5. 5.In section 33(2)(b) omit “both Houses of”.

      6. 6.(1) Section 34 (defence) shall be amended as follows.

      7. 7.(1) Section 35 (notification and objection) shall be amended as...

      8. 8.After section 35 insert— Appeal (1) A person may appeal to the court against a...

      9. 9.(1) Section 36 (detention of vehicle) shall be amended as...

      10. 10.After section 36 insert— Detention in default of payment (1) This section applies where a person to whom a...

      11. 11.(1) Section 37 (effect of detention of transporter) shall be...

      12. 12.Section 39 (rail freight) shall cease to have effect.

      13. 13.For section 40 (charge in respect of passenger without proper...

      14. 14.Section 42 (power to detain vehicle, &c. carrying person without...

      15. 15.In section 43 (interpretation) (which becomes subsection (1))—

      16. 16.(1) Schedule 1 (sale of transporter) shall be amended as...

      17. 17.(1) This paragraph applies to a code of practice which—...

    9. SCHEDULE 9

      Repeals

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