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Illegal Migration Act 2023

Contents

Legal background

  1. The Act amends the following legislation:
    • Section 8 of and Schedule 2 to the Immigration Act 1971 ("the 1971 Act"), which makes provision for exceptions to the requirement to have leave to enter the UK for seamen, aircrews and other special cases, and for the detention of persons liable to examination by an immigration officer or removal respectively.
    • Schedule 3 to the 1971 Act, which makes provision for the detention of persons pending deportation.
    • Sections 24 and 28 of the 1971 Act which relate to criminal offences regarding compliance with directions to remove a person from the UK.
    • Parts 1 and 2 of the British Nationality Act 1981 ("the 1981 Act"), which make provision for the acquisition of British citizenship and British Overseas Territories citizenship after the commencement of that Act respectively.
    • Sections 27 and 32 of the 1981 Act which make provision for the registration of minors as British overseas citizens and British subjects.
    • The Special Immigration Appeals Commission Act 1997, which establishes the Special Immigration Appeals Commission and sets out its functions.
    • Sections 10 and 147 of the Immigration and Asylum Act 1999 ("the 1999 Act"), which makes provision for the removal of persons unlawfully in the UK and defines terms used in Part 8 of that Act which makes provision for immigration detention accommodation respectively.
    • Section 94 of, and Schedule 11 to, the 1999 Act and sections 18 and 21 of, and Schedule 3 to, the 2002 Act, which make provision for support for asylum seekers.
    • Sections 62 and 80A of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act"), which confers powers on the Secretary of State to detain persons including pending removal and makes provision for the inadmissibility of asylum claims by EU nationals respectively.
    • Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 ("the 2004 Act"), which makes provision for the removal of asylum seekers to safe countries.
    • Section 8 of the 2004 Act, which sets out various behaviours which a specified deciding authority is required to take account of (as being damaging to credibility) when deciding whether to believe a statement made by or on behalf of a person making an asylum or human rights claim.
    • Section 5 of the Tribunals, Courts and Enforcement Act 2007, which lists those persons who are to be the judges and other members of the Upper Tribunal.
    • Section 36 of the UK Borders Act 1997, which makes provision for the detention of persons pending deportation.
    • Section 54A of the Borders, Citizenship and Immigration Act 2009 ("the 2009 Act"), which makes provision for the Independent Family Returns Panel.
    • Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("the 2012 Act"), which sets out the type of civil legal services that may be made available under that Act.
    • Section 50A of the Modern Slavery Act 2015 ("the 2015 Act"), sections 9 and 10 of the Human Trafficking and Exploitation (Scotland) act 2015, section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 and Part 5 of the Nationality and Borders Act 2022 ("the 2022 Act"), which makes provision for assistance and support, in England and Wales, Scotland and Northern Ireland respectively, for potential and confirmed victims of slavery or human trafficking and the circumstances in which this may be set aside.
    • Sections 60 and 69 of, and Schedule 10 to, the Immigration Act 2016 ("the 2016 Act"), which place limitations on the detention of pregnant women, facilitates the transfer of responsibility for caring for particular categories of unaccompanied migrant children from one local authority in England to another, and makes provision for immigration bail respectively.
    • Regulation 32 of the Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), which makes provision for the detention of persons liable to removal under powers conferred by regulation 23(6)(b) of those Regulations.
    • Sections 52, 53, 54 and 56 of the 2022 Act, which make provision in respect of regulations concerning scientific methods in age assessments, and appeals against age assessments.

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