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Nationality, Immigration and Asylum Act 2002

Part 4 - Detention and Removal

9.Part 4 of the Act contains a number of measures designed to simplify the process of removing those who have no right to stay in the United Kingdom. These include:

  • Giving detainee custody officers acting as escorts a limited power to enter private premises to search persons being taken into detention;

  • Giving the Secretary of State power to detain where he has power to give or refuse leave to enter, or where he has power to set removal directions, and giving the Secretary of State a power to grant bail equivalent to the power of immigration officers;

  • The power to remove children born in the United Kingdom, where their parents entered the United Kingdom unlawfully; and

  • The power to remove those who attempt to obtain permission to stay by using deception.

10.This Part also contains a provision allowing a residence restriction to be imposed on an asylum-seeker requiring him to reside for up to 14 days at a specified location at or near a place where an induction programme is to be made available to him. In addition a provision has been included which creates a rebuttable presumption that someone who has been convicted of a crime and given a custodial sentence of two years or more or an offence specified by order has been convicted of a particularly serious crime and is a danger to the community for the purposes of Article 33(2) of the Refugee Convention and accordingly cannot rely on that Convention to prevent their removal.

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