PART 1

Removal and other powers

Removal

Independent Family Returns Panel
3
Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—

Independent Family Returns Panel
54A
1
The Independent Family Returns Panel is established.
2
The Secretary of State must consult the Independent Family Returns Panel—
a
in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and
b
in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.
3
A family returns case is a case where—
a
a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and
b
an individual who—
i
is a parent of the child or has care of the child, and
ii
is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom.
4
The Secretary of State may by regulations make provision about—
a
additional functions of the Independent Family Returns Panel,
b
its status and constitution,
c
the appointment of its members,
d
the payment of remuneration and allowances to its members, and
e
any other matters in connection with its establishment and operation.
5
Regulations under this section must be made by statutory instrument.
6
An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
7
In this section—
- “child” means a person who is under the age of 18;
- “pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;
- references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.
S. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(b)