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Nationality And Borders Act 2022

Contents

Legal background

  1. This Act amends or repeals the following legislation:
    • Part 1 of the Immigration Act 1971, which concerns regulation of entry into and stay in the United Kingdom.
    • Section 24 of the Immigration Act 1971, outlining offences of illegal entry into the United Kingdom, including in breach of a deportation order.
    • Section 25 of the Immigration Act 1971, setting out the offence of facilitating entry into the United Kingdom.
    • Section 25A of the Immigration Act 1971, setting out the offence of helping an asylum seeker enter the United Kingdom.
    • Sections 28B and 28FA of the 1971 Act, which relate to searching of premises for the purpose of arrest or seizure of records in relation to immigration offences.
    • Section 33(1) of the 1971 Act, which deals with interpretation and references to Justices of the Peace in Northern Ireland.
    • Part 3A of the Immigration Act 1971, which concerns maritime enforcement.
    • Schedule 2 to the Immigration Act 1971, in relation to an immigration officer’s power to inspect a ship or aircraft.
    • Schedule 4A to the 1971 Act, setting out enforcement powers in relation to ships.
    • Part 1 of the British Nationality Act 1981, outlining means of acquisition of British citizenship, including sections 4, 6, and 18, which set out the residence requirements to be satisfied for naturalisation as a British citizen.
    • Part 2 of the British Nationality Act 1981 relating to British overseas territories citizenship, including section 17 which sets out requirements for minors to acquire British overseas territories citizenship.
    • Sections 40 and 40A of the British Nationality Act 1981, which provide powers to deprive a person of their British citizenship and a right of appeal against deprivation decisions.
    • Section 41A of the British Nationality Act 1981, which sets out the good character requirement to be satisfied for the registration of an adult or young person as a British citizen.
    • Schedule 1 to the British Nationality Act 1981, setting out the requirements for naturalisation.
    • Schedule 2 to the British Nationality Act 1981, outlining the provisions for reducing statelessness.
    • Sections 4, 97, 98 and 98A of the Immigration and Asylum Act 1999, relating to the provision of support, including accommodation, for asylum seekers and failed asylum seekers.
    • Section 10 of the Immigration and Asylum Act 1999, relating to the removal of persons unlawfully in the United Kingdom.
    • Section 31 of the Immigration and Asylum Act 1999, which relates to defences based on Article 31(1) of the Refugee Convention.
    • Part 2 of the 1999 Act, which outlines the liability of carriers when failing to prevent clandestine entry or entry of inadequately documented individuals.
    • Section 94 of the Immigration and Asylum Act 1999, which provides interpretation of terms used in Part 6 of that Act.
    • Regulation 4 of the Asylum Support Regulations 2000 (S.I. 2000/704), setting out circumstances where persons may not be provided with asylum support.
    • Section 18 of the Nationality, Immigration and Asylum Act 2002, which provides a definition of "asylum seeker".
    • Sections 17, 22, 24 and 27 of the Nationality, Immigration and Asylum Act 2002, which relate to the provision of accommodation for destitute asylum-seekers.
    • Section 21 of the Nationality, Immigration and Asylum Act 2002, which contains supplementary provisions to sections 17 to 20 of that Act.
    • Section 25 of the Nationality, Immigration and Asylum Act 2002, regarding the limits on length of stay at an asylum accommodation centre.
    • Part 4 of the Nationality, Immigration and Asylum Act 2002, relating to detention and removal of persons subject to immigration control.
    • Section 72 of the Nationality, Immigration and Asylum Act 2002, which set out the UK’s interpretation of a "particularly serious crime" for the purpose of Article 33(2) of the 1951 Refugee Convention.
    • Section 77 of the Nationality, Immigration and Asylum Act 2002, which prevents the removal of a person from the United Kingdom while their asylum claim is pending.
    • Sections 82, 85 and 86 of the Nationality, Immigration and Asylum Act 2002, concerning rights of appeal to the Tribunal in relation to protection and human rights claims.
    • Section 92 of the Nationality, Immigration and Asylum Act 2002, setting out the place from which an appeal may be brought or continued, whether from within or outside the United Kingdom.
    • Section 94 of the Nationality, Immigration and Asylum Act 2002, which provides for the Secretary of State to certify protection claims or human rights claims as clearly unfounded.
    • Sections 106, 107 and 108 of the Nationality, Immigration and Asylum Act 2002, relating to the Tribunal Procedure Rules, practice directions, and which make provision for conducting proceedings relating to forged documents in private.
    • Section 113 of the Nationality, Immigration and Asylum Act 2002 and paragraph 17 of Schedule 3 to that Act, which provide interpretations of terms used.
    • Sections 129 and 134 of the Nationality, Immigration and Asylum Act 2002, which provide that the Secretary of State may require a local authority or an employer to supply information in relation to a person who is suspected of certain immigration offences.
    • Sections 260 and 261 of the Criminal Justice Act 2003, which provide for the Early Removal Scheme that is applicable to all serving determinate sentence foreign national offenders.
    • Regulation 10 of the British Nationality (General) Regulations 2003 (S.I. 2003/548), which makes provision in relation to giving a person notice of a decision to deprive them of their British citizenship.
    • Section 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which sets out the behaviours which are considered damaging to a claimant’s credibility.
    • Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, concerning the removal of asylum seekers from the UK to safe countries.
    • The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 No. 2525, which transpose The Qualification Directive (2004/83/EC) into UK legislation.
    • Section 13 of the Tribunals, Courts and Enforcement Act 2007, setting out the right to appeal to Court of Appeal.
    • Section 29 of the Tribunals, Courts and Enforcement Act 2007, relating to costs and expenses of and incidental to the First-tier Tribunal and Upper Tribunal.
    • Part 1 of Schedule 5 to the Tribunals, Courts and Enforcement Act 2007, relating to the First-tier Tribunal and Upper Tribunal procedure rules.
    • Section 61 of the UK Borders Act 2007, relating to the citing of that Act.
    • Section 133 of the Criminal Justice and Immigration Act 2008, which makes provision for the Secretary of State to impose conditions on designated persons.
    • Sections 39, 40, 41 and 49 of the Borders, Citizenship and Immigration Act 2009, which contain uncommenced provisions relating to requirements for naturalisation as a British citizen.
    • Sections 9 and 10 of and Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which set out circumstances and exceptional circumstances in which civil legal services may be available to an individual.
    • Regulation 11 of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) set out the criteria for the purposes of determining whether an individual or a legal person qualifies for civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
    • Regulation 5 of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) which sets out exceptions from requirement to decide in respect of an individual’s financial resources.
    • Section 1 of the Citizenship (Armed Forces) Act 2014, which sets out the requirements to be met for citizenship by members or former members of the armed forces.
    • Section 49 of the Modern Slavery Act 2015, which sets out the requirement to issue guidance about identifying and supporting victims of modern slavery.
    • Sections 50 and 51 of the Modern Slavery Act 2015, relating to identifying, supporting and protecting victims of trafficking.
    • Section 56 of the Modern Slavery Act 2015, which sets out interpretations of terms used in that Act.
    • Schedule 10 to the Immigration Act 2016 which relates to immigration bail.

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