a decision by the Secretary of State whether to give directions in respect of the person under F11section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal), or

removal of the person from the United Kingdom in pursuance of directions given by the Secretary of State under any of those F12provisions.

the person’s examination by the Secretary of State,

the Secretary of State’s decision to give or refuse the person leave to enter,

a decision by the Secretary of State whether to give directions in respect of the person under paragraph 8 or 9 of Schedule 2 to that Act (removal), or

removal of the person in pursuance of directions given by the Secretary of State under either of those paragraphs.

if the Secretary of State suspects that the person meets the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), pending a decision as to whether the conditions are met;

if the Secretary of State suspects that the Secretary of State has a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies;

if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section;

more than 72 hours from the relevant time, or

more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

may make different provision for different purposes;

may make consequential, supplementary, incidental, transitional or saving provision;

must be made by statutory instrument.

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

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

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

a reference to paragraph 16 of that Schedule shall be taken to include a reference to this section,

a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

a reference to detention under that Schedule or under a provision or Part of that Schedule shall be taken to include a reference to detention under this section.

at the end of section 48(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and

in the heading of section 53 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

at the end of section 71(2)(c) (detained persons who may be transferred to hospital for mental treatment) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”, and

at the end of section 74(1)(b) (further provision about such persons) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State)”.

at the end of Article 54(2)(d) (detained persons susceptible to transfer for mental treatment: immigration) there shall be added “or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)”, and

in the heading of Article 59 (supplemental provision) the reference to the Immigration Act 1971 becomes a reference to the Immigration Acts.

at the end of subsection (1) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”, and

at the end of subsection (3)(a) add “or under section 62 of the Nationality, Immigration and Asylum Act 2002”.

the definition of “detention centre” shall cease to have effect, and

the following shall be inserted after the definition of “prisoner custody officer”—

for the words “detention centre” there shall be substituted the words “ removal centre ”, and

for the words “detention centres” there shall be substituted the words “ removal centres ”.

in section 147 of the Immigration and Asylum Act 1999 (Part VIII: interpretation), the definitions of “contracted out detention centre”, “contractor”, “custodial functions”, “detention centre contract”, “detention centre rules”, and “directly managed detention centre”,

section 148 of that Act (management of centre),

sections 149 and 150 of that Act (contracting out),

section 151 of that Act (intervention by Secretary of State),

section 152 of that Act (visiting committee),

section 153 of that Act (rules),

section 155 of that Act (custodial functions),

section 157 of that Act (short-term holding facility),

section 158 of that Act (disclosure of information),

section 159 of that Act (power of constable),

Schedule 11 to that Act (detainee custody officer),

Schedule 12 to that Act (procedure at detention centre),

Schedule 13 to that Act (escort),

section 141(5)(e) and (6) of that Act (fingerprinting),

section 5A(5A) of the Prison Act 1952 (c. 52) (Chief Inspector of Prisons), and

paragraph 13 of Schedule 4A to the Water Industry Act 1991 (c. 56) (disconnection).

does not confer power to detain a person, but

refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.

he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement,

practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or

practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.

it requires him to reside at a specified location for a period not exceeding 14 days, and

the person imposing the residence F27condition believes that a programme of induction will be made available to the asylum-seeker at or near the specified location.

may make different provision for different circumstances,

must be made by statutory instrument, and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

incur reasonable expenditure;

provide services outside its area;

provide services jointly with another body;

form a company;

tender for or enter into a contract;

do anything (including anything listed in paragraphs (a) to (e)) for a preparatory purpose.

a local authority within the meaning of section 94 of the Immigration and Asylum Act 1999 (c. 33), and

a Northern Ireland authority within the meaning of section 110 of that Act.

a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and

a dependant of a person within paragraph (a).

the F32condition shall be treated for all purposes as a F32condition imposed under F33Schedule 10 to the Immigration Act 2016, and

if the person fails to comply with the F32condition he shall be liable to detention under paragraph 16 of F34Schedule 2 to the Immigration Act 1971.

may make different provision for different circumstances,

must be made by statutory instrument, and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

convicted in the United Kingdom of an offence, and

sentenced to a period of imprisonment of at least F3912 months.

he is convicted outside the United Kingdom of an offence,

he is sentenced to a period of imprisonment of at least F4212 months, and

he could have been sentenced to a period of imprisonment of at least F4312 months had his conviction been a conviction in the United Kingdom of a similar offence.

he is convicted of an offence specified by order of the Secretary of State, or

he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).

must be made by statutory instrument, and

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

is pending, or

could be brought (disregarding the possibility of appeal out of time with leave).

a person appeals under section 82 F20... of this Act or under section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) wholly or partly on the ground F21mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention), and

the Secretary of State issues a certificate that F50a presumption under subsection (5A) applies to the person (subject to rebuttal).

must begin substantive deliberation on the appeal by considering the certificate, and

if in agreement that F51a presumption under subsection (5A) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).

“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

is liable to deportation, but

cannot be deported for legal reasons.

the leave was obtained by deception,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

voluntarily availing himself of the protection of his country of nationality,

voluntarily re-acquiring a lost nationality,

acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or

voluntarily establishing himself in a country in respect of which he was a refugee.

in respect of leave granted before this section comes into force;

in reliance on anything done before this section comes into force.

in respect of leave granted before this section comes into force, but

only in reliance on action taken after this section comes into force.

removed from the United Kingdom in accordance with a provision of the Immigration Acts, or

required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

“claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and

a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.

it is a place where a person’s life and liberty are not threatened by reason of the person’s race, religion, nationality, membership of a particular social group or political opinion,

it is a place from which a person will not be removed elsewhere other than in accordance with the Refugee Convention,

the person is not a national or citizen of the State.

any State to which Part 4 of that Schedule for the time being applies is to be presumed to be a State falling within subsection (2B)(a) and (b);

a reference to anything being done in accordance with the Refugee Convention is a reference to the thing being done in accordance with the principles of the Convention, whether or not by a signatory to it;

“State” includes any territory outside of the United Kingdom.

the giving of a direction for the claimant’s removal from the United Kingdom,

the making of a deportation order in respect of the claimant, or

the taking of any other interim or preparatory action.

removed from the United Kingdom in accordance with a provision of the Immigration Acts, or

required to leave the United Kingdom in accordance with a provision of the Immigration Acts.

the giving of a direction for the appellant’s removal from the United Kingdom,

the making of a deportation order in respect of the appellant (subject to section 79), or

the taking of any other interim or preparatory action.

a child is to be removed from or required to leave the United Kingdom, and

the child may not be removed from or required to leave the United Kingdom; and

a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

the giving of a direction for the removal of a person from the United Kingdom,

the making of a deportation order in respect of a person, or

the taking of any other interim or preparatory action.

could be brought (ignoring any possibility of an appeal out of time with permission), or

is pending.