Nationality, Immigration and Asylum Act 2002
Part 1Nationality
1 Naturalisation: knowledge of language and society
2 Naturalisation: spouse of citizen
3 Citizenship ceremony, oath and pledge
4 Deprivation of citizenship
5 Resumption of citizenship
6 Nationality decision: discrimination
7 Nationality decision: reasons and review
8 Citizenship: registration
9 Legitimacy of child
10 Right of abode: certificate of entitlement
11 Unlawful presence in United Kingdom
12 British citizenship: registration of certain persons without other citizenship
13 British citizenship: registration of certain persons born between 1961 and 1983
14 Hong Kong
15 Repeal of spent provisions
Part 2Accommodation Centres
Establishment
16 Establishment of centres
Use of centres
17 Support for destitute asylum-seeker
18 Asylum-seeker: definition
19 Destitution: definition
20 Dependant: definition
21 Sections 17 to 20: supplementary
22 Immigration and Asylum Act 1999, s. 95
23 Person subject to United Kingdom entrance control
24 Provisional assistance
25 Length of stay
26 Withdrawal of support
Operation of centres
27 Resident of centre
28 Manager of centre
29 Facilities
30 Conditions of residence
31 Financial contribution by resident
32 Tenure
33 Advisory Groups
General
34 The Monitor of Accommodation Centres
35 Ancillary provisions
36 Education: general
37 Education: special cases
38 Local authority
39“Prescribed”: orders and regulations
40 Scotland
41 Northern Ireland
42 Wales
Part 3Other Support and Assistance
43 Asylum-seeker: form of support
44 Destitute asylum-seeker
45 Section 44: supplemental
46 Section 44: supplemental: Scotland and Northern Ireland
47 Asylum-seeker: family with children
48 Young asylum-seeker
49 Failed asylum-seeker
50 Conditions of support
51 Choice of form of support
52 Back-dating of benefit for refugee
53 Asylum-seeker: appeal against refusal to support
54 Withholding and withdrawal of support
55 Late claim for asylum: refusal of support
56 Provision of support by local authority
57 Application for support: false or incomplete information
58 Voluntary departure from United Kingdom
59 International projects
60 Northern Ireland authorities
61 Repeal of spent provisions
Part 4Detention and Removal
Detention
62Detention by Secretary of State
63 Control of entry to United Kingdom, &c.: use of force
64 Escorts
65 Detention centres: custodial functions
66 Detention centres: change of name
67 Construction of reference to person liable to detention
Temporary release
68 Bail
69 Reporting restriction: travel expenses
70 Induction
71 Asylum-seeker: residence, &c. restriction
Removal
72 Serious criminal
73 Family
74 Deception
75 Exemption from deportation
76 Revocation of leave to enter or remain
77 No removal while claim for asylum pending
78 No removal while appeal pending
78ARestriction on removal of children and their parents etc
79 Deportation order: appeal
80 Removal of asylum-seeker to third country
PART 4AInadmissible asylum and Human Rights claims
80AClaims by nationals of listed safe States
80AASafe States for the purposes of section 80A
80BAsylum claims by persons with connection to safe third State
80CMeaning of “connection” to a safe third State
Part 5Appeals in respect of Protection and Human Rights Claims
Appeal to Tribunal
81Meaning of “the Tribunal
82 Right of appeal to the Tribunal
83 Appeal: asylum claim
83AAppeal: variation of limited leave
84 Grounds of appeal
85 Matters to be considered
85AMatters to be considered: new evidence: exceptions
86 Determination of appeal
87 Successful appeal: direction
Exceptions and limitations
88 Ineligibility
88AEntry clearance
89Refusal of leave to enter
90 Non-family visitor
91 Student
92 Place from which an appeal may be brought or continued
93 Appeal from within United Kingdom: “third country” removal
94 Certification of human rights or protection claims as unfounded or removal to safe country
94AEuropean Common List of Safe Countries of Origin
94BAppeal from within the United Kingdom: certification of human rights claims ...
95 Appeal from outside United Kingdom: removal
96 Earlier right of appeal
97 National security, &c.
97ANational security: deportation
97BVariation of leave on grounds of public good: rights of appeal
98 Other grounds of public good
99 Section 97 : appeal in progress
Appeal from adjudicator
100 Immigration Appeal Tribunal
101 Appeal to Tribunal
102 Decision
103 Appeal from Tribunal
Procedure
103AReview of Tribunal’s decision
103BAppeal from Tribunal following reconsideration
103CAppeal from Tribunal instead of reconsideration
103DReconsideration: legal aid
103EAppeal from Tribunal sitting as panel
104 Pending appeal
105 Notice of immigration decision
106 Rules
107 Practice directions
108 Forged document: proceedings in private
General
109 European Union and European Economic Area
110 Grants
111 Monitor of certification of claims as unfounded
112 Regulations, &c.
113 Interpretation
114 Repeal
115 Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision
116 Special Immigration Appeals Commission: Community Legal Service
117 Northern Ireland appeals: legal aid
PART 5AArticle 8 of the ECHR: public interest considerations
117AApplication of this Part
117BArticle 8: public interest considerations applicable in all cases
117CArticle 8: additional considerations in cases involving foreign criminals
117DInterpretation of this Part
Part 6Immigration Procedure
Applications
118 Leave pending decision on variation application
119 Deemed leave on cancellation of notice
120 Requirement to state additional grounds for application
121 Compliance with procedure
Work permit
122 Fee for work permit, &c.
123 Advice about work permit, &c.
Authority-to-carry scheme
124 Authority to carry
Evasion of procedure
125 Carriers’ liability
Provision of information by traveller
126 Physical data: compulsory provision
127 Physical data: voluntary provision
128 Data collection under Immigration and Asylum Act 1999
Disclosure of information by public authority
129 Local authority
130 Inland Revenue
131 Police, &c.
132 Supply of document, &c. to Secretary of State
133 Medical inspectors
Disclosure of information by private person
134 Employer
135 Financial institution
136 Notice
137 Disclosure of information: offences
138 Offence by body
139 Privilege against self-incrimination
Immigration services
140 Immigration Services Commissioner
Immigration control
141 EEA ports: juxtaposed controls
Country information
142 Advisory Panel on Country Information
Part 7Offences
Substance
143 Assisting unlawful immigration, &c.
144 Section 143: consequential amendments
145 Traffic in prostitution
146 Section 145: supplementary
147 Employment
148 Registration card
149 Immigration stamp
150 Sections 148 and 149: consequential amendments
151 False information
Procedure
152 Arrest by immigration officer
153 Power of entry
154 Power to search for evidence
155 Sections 153 and 154: supplemental
156 Time limit on prosecution
Part 8General
157 Consequential and incidental provision
158 Interpretation: “the Immigration Acts”
159 Applied provision
160 Money
161 Repeals
162 Commencement
163 Extent
164 Short title
SCHEDULES
SCHEDULE 1Citizenship Ceremony, Oath and Pledge
1The following shall be substituted for section 42 of the...
2The following shall be substituted for Schedule 5 to the...
3Section 41 of the British Nationality Act 1981 (c. 61)...
4For subsection (1)(d) substitute— (d) for the time within which...
5In subsection (2)(c)— (a) for “the taking there of any...
6In subsection (3)(a) for “taking of oaths of allegiance” substitute...
7After subsection (3) insert— (3A) Regulations under subsection (1)(d) to...
8The Secretary of State may make a payment to a...
9(1) A local authority must— (a) comply with a requirement...
SCHEDULE 2Nationality: Repeal of Spent Provisions
1The following provisions of the British Nationality Act 1981 (c....
2Nothing in this Schedule has any effect in relation to...
SCHEDULE 3Withholding and Withdrawal of Support
Ineligibility for support
1(1) A person to whom this paragraph applies shall not...
Exceptions
2(1) Paragraph 1 does not prevent the provision of support...
3Paragraph 1 does not prevent the exercise of a power...
First class of ineligible person: refugee status abroad
4(1) Paragraph 1 applies to a person if he—
Second class of ineligible person: citizen of other EEA State
5Paragraph 1 applies to a person if he—
Third class of ineligible person: failed asylum-seeker
6(1) Paragraph 1 applies to a person if—
Fourth class of ineligible person: person unlawfully in United Kingdom
7Paragraph 1 applies to a person if—
Fifth class of ineligible person: failed asylum-seeker with family
7A(1) Paragraph 1 applies to a person if—
Travel assistance
8The Secretary of State may make regulations providing for arrangements...
Temporary accommodation
9(1) The Secretary of State may make regulations providing for...
10(1) The Secretary of State may make regulations providing for...
Assistance and accommodation: general
11Regulations under paragraph 8, 9 or 10 may—
12(1) Regulations may, in particular, provide that if a person...
Offences
13(1) A person who leaves the United Kingdom in accordance...
Information
14(1) If it appears to a local authority that paragraph...
Power to amend Schedule
15The Secretary of State may by order amend this Schedule...
Orders and regulations
16(1) An order or regulations under this Schedule must be...
Interpretation
17(1) In this Schedule— “asylum-seeker” means a person— who is...
Schedule 4The Asylum and Immigration Tribunal
Membership
1The Lord Chancellor shall appoint the members of the Asylum...
2(1) A person is eligible for appointment as a member...
3(1) A member— (a) may resign by notice in writing...
4(1) The Lord Chancellor may by order make provision for...
Presidency
5(1) The Lord Chancellor shall appoint— (a) a member of...
Judicial Assistance
5A(1) The Senior President of Tribunals, with the consent of...
5B. . . . . . . . . ....
Proceedings
6The Tribunal shall sit at times and places determined by...
7(1) The jurisdiction of the Tribunal shall be exercised by...
8(1) The Senior President of Tribunals may make arrangements for...
Staff
9The Lord Chancellor may appoint staff for the Tribunal.
Money
10The Lord Chancellor— (a) may pay remuneration and allowances to...
11The Lord Chancellor may pay compensation to a person who...
Delegation
12(1) The Lord Chief Justice of England and Wales may...
Training etc.
13The Senior President of Tribunals is responsible, within the resources...
Oaths
14(1) Sub-paragraph (2) applies to a person (“ the appointee...
SCHEDULE 5
Membership
1The Lord Chancellor shall appoint the members of the Tribunal....
2(1) A member— (a) may resign by notice in writing...
Presidency
3The Lord Chancellor shall appoint as President of the Tribunal...
4(1) The Lord Chancellor shall appoint one legally qualified member...
Proceedings
5The Tribunal shall sit at times and places determined by...
6The Tribunal may sit in more than one division.
7(1) The jurisdiction of the Tribunal may be exercised by...
Staff
8The Lord Chancellor may appoint staff for the Tribunal.
Money
9The Lord Chancellor— (a) may pay remuneration and allowances to...
10The Lord Chancellor may pay compensation to a person who...
Interpretation: legally qualified member
11(1) For the purpose of this Schedule a member of...
SCHEDULE 6Immigration and Asylum Appeals: Transitional Provision
“Commencement”
1In this Schedule “commencement” means the coming into force of...
Adjudicator
2Where a person is an adjudicator under section 57 of...
Tribunal
3(1) Where a person is a member of the Immigration...
Earlier appeal
4In the application of section 96— (a) a reference to...
Saving
5(1) This Schedule is without prejudice to the power to...
SCHEDULE 7Immigration and Asylum Appeals: Consequential Amendments
Immigration Act 1971 (c. 77)
1In section 33(4) of the Immigration Act 1971 (c. 77)...
2In paragraph 2A(9) of Schedule 2 to that Act (control...
3In paragraph 4(4) of that Schedule (examination and detention of...
4In paragraph 8(2) of that Schedule (time within which directions...
5In paragraph 25 of that Schedule (rules) for “section 22...
6In paragraph 29 of that Schedule (bail pending appeal)—
7In paragraph 2(2) of Schedule 3 to that Act (deportation)...
8For paragraph 3 of that Schedule (deportation: effect of appeal)...
House of Commons Disqualification Act 1975 (c. 24)
9In Part III of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
10In Part III of Schedule 1 to the Northern Ireland...
...
11. . . . . . . . . ....
12. . . . . . . . . ....
13. . . . . . . . . ....
14. . . . . . . . . ....
15. . . . . . . . . ....
Courts and Legal Services Act 1990 (c. 41)
16In Schedule 11 to the Courts and Legal Services Act...
Tribunals and Inquiries Act 1992 (c. 53)
17In paragraph 22 of Schedule 1 to the Tribunals and...
Judicial Pensions and Retirement Act 1993 (c. 8)
18In Part II of Schedule 1 to the Judicial Pensions...
19In Schedule 5 to that Act (retirement provisions: the relevant...
Special Immigration Appeals Commission Act 1997 (c. 68)
20The following shall be substituted for section 2 of the...
21Section 2A of that Act (human rights) shall cease to...
22Section 4 of that Act (determination of appeals) shall cease...
23In section 5 of that Act (procedure)—
24Section 7A of that Act (pending appeals) shall cease to...
25In paragraph 5 of Schedule 1 to that Act—
26Schedule 2 to that Act shall cease to have effect....
Immigration and Asylum Act 1999 (c. 33)
27In section 23(1) of the Immigration and Asylum Act 1999...
28In section 53(4) of that Act (bail) for “this Act”...
29(1) Paragraph 9 of Schedule 4 to that Act (appeals:...
Anti-terrorism, Crime and Security Act 2001 (c. 24)
30The following shall be substituted for section 27(10) of the...
Proceeds of Crime Act 2002 (c. 29)
31The following shall be substituted for paragraph 4 of Schedule...
32In paragraph 4 of Schedule 4 to that Act (lifestyle...
33The following shall be substituted for paragraph 4 of Schedule...
SCHEDULE 8Carriers’ Liability
1The Immigration and Asylum Act 1999 (c. 33) shall be...
2(1) Section 32 (penalty for carrying clandestine entrant) shall be...
3After section 32 insert— Level of penalty: code of practice...
4The heading of section 33 (code of practice) becomes “...
5In section 33(2)(b) omit “both Houses of”.
6(1) Section 34 (defence) shall be amended as follows.
7(1) Section 35 (notification and objection) shall be amended as...
8After section 35 insert— Appeal (1) A person may appeal to the court against a...
9(1) Section 36 (detention of vehicle) shall be amended as...
10After section 36 insert— Detention in default of payment (1) This section applies where a person to whom a...
11(1) Section 37 (effect of detention of transporter) shall be...
12Section 39(rail freight) shall cease to have effect.
13For section 40 (charge in respect of passenger without proper...
14Section 42(power to detain vehicle, &c. carrying person without proper...
15In section 43 (interpretation) (which becomes subsection (1))—
16(1) Schedule 1 (sale of transporter) shall be amended as...
17(1) This paragraph applies to a code of practice which—...
SCHEDULE 9Repeals

Nationality, Immigration and Asylum Act 2002

2002 c. 41

An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.

C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C3

Annotations:
Modifications etc. (not altering text)
C2

Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 16, Sch. 7 (with art. 5, Sch. 2) (as amended: (29.6.2011) by S.I. 2011/1408, art. 1, Sch. para. 6; (14.3.2019) by S.I. 2019/562, arts. 1, 5, 14; (16.12.2020) by S.I. 2020/1576, art. 10; (31.12.2020) by S.I. 2020/1214, art. 9 (with art. 13); (11.11.2021) by S.I. 2021/1277, arts. 1(2), 9)

C1

Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 7, Sch. 5, Sch. 5A (with art. 16)

C3

Act: power to amend conferred (28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(g)(3)-(6), 87(1)(4)(i)