Asylum and Immigration Act 1996

Asylum claims U.K.

1 Extension of special appeals procedures. U.K.

For paragraph 5 of Schedule 2 to the M1 Asylum and Immigration Appeals Act 1993 (“the 1993 Act”) there shall be substituted the following paragraph—

“5 (1) This paragraph applies to an appeal by a person on any of the grounds mentioned in subsections (1) to (4) of section 8 of this Act if the Secretary of State has certified that, in his opinion, the person’s claim on the ground that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or be required to leave, the United Kingdom is one to which—

(a) sub-paragraph (2), (3) or (4) below applies; and

(b) sub-paragraph (5) below does not apply.

(2) This sub-paragraph applies to a claim if the country or territory to which the appellant is to be sent is designated in an order made by the Secretary of State by statutory instrument as a country or territory in which it appears to him that there is in general no serious risk of persecution.

(3) This sub-paragraph applies to a claim if, on his arrival in the United Kingdom, the appellant was required by an immigration officer to produce a valid passport and either—

(a) he failed to produce a passport without giving a reasonable explanation for his failure to do so; or

(b) he produced a passport which was not in fact valid and failed to inform the officer of that fact.

(4) This sub-paragraph applies to a claim if—

(a) it does not show a fear of persecution by reason of the appellant’s race, religion, nationality, membership of a particular social group, or political opinion;

(b) it shows a fear of such persecution, but the fear is manifestly unfounded or the circumstances which gave rise to the fear no longer subsist;

(c) it is made at any time after the appellant—

(i) has been refused leave to enter under the 1971 Act,

(ii) has been recommended for deportation by a court empowered by that Act to do so,

(iii) has been notified of the Secretary of State’s decision to make a deportation order against him by virtue of section 3(5) of that Act, or

(iv) has been notified of his liability to removal under paragraph 9 of Schedule 2 to that Act;

(d) it is manifestly fraudulent, or any of the evidence adduced in its support is manifestly false; or

(e) it is frivolous or vexatious.

(5) This sub-paragraph applies to a claim if the evidence adduced in its support establishes a reasonable likelihood that the appellant has been tortured in the country or territory to which he is to be sent.

(6) Rules of procedure under section 22 of the 1971 Act may make special provision in relation to appeals to which this paragraph applies.

(7) If on an appeal to which this paragraph applies the special adjudicator agrees that the claim is one to which—

(a) sub-paragraph (2), (3) or (4) above applies; and

(b) sub-paragraph (5) above does not apply,

section 20(1) of that Act shall not confer on the appellant any right to appeal to the Immigration Appeal Tribunal.

(8) The first order under this paragraph shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(9) A statutory instrument containing a subsequent order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this paragraph—

• “immigration officer” means an immigration officer appointed for the purposes of the 1971 Act;

• “passport”, in relation to an appellant, means a passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship.”

Commencement Information

I1 s. 1 wholly in force at 21.10.1996; s. 1 not in force at Royal Assent see s. 13(3); s. 1 in force for certain purposes at 7.10.1996 by S.I. 1996/2127, art. 2, Sch. Pt. II; s. 1 in force at 21.10.1996 by S.I. 1996/2127, art. 2, Sch. Pt. III

Marginal Citations

M1 1993 c.23.

2 Removal etc. of asylum claimants to safe third countries. U.K.

(1) Nothing in section 6 of the 1993 Act (protection of claimants from deportation etc.) shall prevent a person who has made a claim for asylum being removed from the United Kingdom if—

(a) the Secretary of State has certified that, in his opinion, the conditions mentioned in subsection (2) below are fulfilled;

(b) the certificate has not been set aside on an appeal under section 3 below; and

(c) except in the case of a person who is to be sent to a country or territory to which subsection (3) below applies, the time for giving notice of such an appeal has expired and no such appeal is pending.

(2) The conditions are—

(a) that the person is not a national or citizen of the country or territory to which he is to be sent;

(b) that his life and liberty would not be threatened in that country or territory by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(c) that the government of that country or territory would not send him to another country or territory otherwise than in accordance with the Convention.

(3) This subsection applies to any country or territory which is or forms part of a member State, or is designated for the purposes of this subsection in an order made by the Secretary of State by statutory instrument.

(4) The first order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument containing a subsequent order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) For the purposes of this section, an appeal under section 3 below is pending during the period beginning when notice of appeal is duly given and ending when the appeal is finally determined or withdrawn.

(7) In this section “claim for asylum” and “the Convention” have the same meanings as in the 1993 Act.

Modifications etc. (not altering text)

C1 S. 2 amended (retrospectively) by 1999 c. 33, s. 169(2), Sch. 15 para. 2

Commencement Information

I2 S. 2 wholly in force at 1.9.1996; s. 2 not in force at Royal Assent see s. 13(3); s. 2 in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

3 Appeals against certificates under section 2. U.K.

(1) Where a certificate has been issued under section 2(1) above in respect of any person—

(a) that person may appeal against the certificate to a special adjudicator on the ground that any of the conditions mentioned in section 2(2) above was not fulfilled when the certificate was issued, or has since ceased to be fulfilled; but

(b) unless and until the certificate is set aside on such an appeal, he shall not be entitled to bring or pursue any appeal under—

(i) Part II of the 1971 Act (appeals: general); or

(ii) section 8 of the 1993 Act (appeals to special adjudicator on Convention grounds),

as respects matters arising before his removal from the United Kingdom.

(2) A person who has been, or is to be, sent to a country or territory to which section 2(3) above applies shall not be entitled to bring or pursue an appeal under this section so long as he is in the United Kingdom.

(3) The Lord Chancellor shall designate such number of the adjudicators appointed for the purposes of Part II of the 1971 Act as he thinks necessary to act as special adjudicators for the purposes of this section and may from time to time vary that number and the persons who are so designated.

(4) Subject to subsection (5) below, the following provisions of the 1971 Act, namely—

(a) section 18 (notice of decisions appealable under that Part and statement of appeal rights etc.);

(b) section 19 (determination of appeals under that Part by adjudicators);

(c) section 21 (references of cases by Secretary of State for further consideration);

(d) section 22(1) to (4), (6) and (7) (rules of procedure for appeals);

(e) section 23 (grants to voluntary organisations helping persons with rights of appeal); and

(f) Schedule 5 (provisions about adjudicators and Immigration Appeal Tribunal),

shall have effect as if this section were contained in Part II of that Act.

(5) Rules of procedure under section 22 of the 1971 Act—

(a) may make special provision in relation to appeals under this section; and

(b) may make different provision in relation to appeals by persons who have been, or are to be, sent to countries or territories of different descriptions;

and so much of paragraph 5 of Schedule 5 to that Act as relates to the allocation of duties among the adjudicators shall have effect subject to subsection (3) above.

(6) Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) shall have effect as if the references to appeals under sections 13(1), 15(1)(a) and 16 of that Act included references to appeals under this section.

Commencement Information

I3 S. 3 wholly in force at 1.9.1996; s. 3 not in force at Royal Assent see s. 13(3); s. 3(3)(5) in force at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I and wholly in force at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II

Immigration offences U.K.

4 Obtaining leave by deception. U.K.

In subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences), after paragraph (a) there shall be inserted the following paragraph—

“(aa) if, by means which include deception by him, he obtains or seeks to obtain leave to enter or remain in the United Kingdom;”.

Modifications etc. (not altering text)

C2 S. 4 extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 4 extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I4 S. 4 wholly in force at 1.10.1996; S. 4 not in force at Royal Assent see s. 13(3); S. 4 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

5 Assisting asylum claimants, and persons seeking to obtain leave by deception. U.K.

(1) In subsection (1) of section 25 of the 1971 Act (assisting illegal entry, and habouring), for the words from “the entry” to “illegal entrant” there shall be substituted the following paragraphs—

“(a) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an illegal entrant;

(b) the entry into the United Kingdom of anyone whom he knows or has reasonable cause for believing to be an asylum claimant; or

(c) the obtaining by anyone of leave to remain in the United Kingdom by means which he knows or has reasonable cause for believing to include deception,”.

(2) After that subsection there shall be inserted the following subsection—

“(1A) Nothing in subsection (1)(b) above shall apply to anything which is done—

(a) by a person otherwise than for gain, or in the course of his employment by a bona fide organisation whose purpose it is to assist refugees; or

(b) in relation to a person who has been detained under paragraph 16 of Schedule 2 to this Act, or has been granted temporary admission under paragraph 21 of that Schedule;

and in that provision “asylum claimant” means a person who intends to make a claim for asylum (within the meaning of the M2 Asylum and Immigration Appeals Act 1993).”

(3) In subsection (5) of that section, for the words “Subsection (1)” there shall be substituted the words “ Subsection (1)(a) ”.

(4) In subsection (6) of that section, for the words “subsection (1)” there shall be substituted the words “ subsection (1)(a) or (b) ”.

Modifications etc. (not altering text)

C3 S. 5(1)(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 5(1)(2) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I5 S. 5 wholly in force at 1.10.1996; s. 5 not in force at Royal Assent see s. 13(3); s. 5 in force at 1.10.1996 by S.I. 1996/2053, art.2, Sch. Pt. III

Marginal Citations

M2 1993 c.23.

6 Increased penalties. U.K.

In the following provisions, namely—

(a) subsection (1) of section 24 of the 1971 Act (illegal entry and similar offences);

(b) subsection (1) of section 26 (general offences in connection with administration of Act); and

(c) section 27 (offences by persons connected with ships or aircraft or with ports),

for the words “level 4” there shall be substituted the words “ level 5 ”.

Commencement Information

I6 S. 6 wholly in force at 1.10.1996; s. 6 not in force at Royal Assent see s. 13(3); s. 6 in force at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

F1 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F1 S. 7 repealed (14.2.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 109, Sch. 16; S.I. 2000/168, art. 2, Sch. (with transitional provisions in art. 3)

Persons subject to immigration control U.K.

8 Restrictions on employment. U.K.

(1) Subject to subsection (2) below, if any person (“the employer”) employs a person subject to immigration control (“the employee”) who has attained the age of 16, the employer shall be guilty of an offence if—

(a) the employee has not been granted leave to enter or remain in the United Kingdom; or

(b) the employee’s leave is not valid and subsisting, or is subject to a condition precluding him from taking up the employment,

and (in either case) the employee does not satisfy such conditions as may be specified in an order made by the Secretary of State.

(2) Subject to subsection (3) below, in proceedings under this section, it shall be a defence to prove that—

(a) before the employment began, there was produced to the employer a document which appeared to him to relate to the employee and to be of a description specified in an order made by the Secretary of State; and

(b) either the document was retained by the employer, or a copy or other record of it was made by the employer in a manner specified in the order in relation to documents of that description.

(3) The defence afforded by subsection (2) above shall not be available in any case where the employer knew that his employment of the employee would constitute an offence under this section.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(6) Where the affairs of a body corporate are managed by its members, subsection (5) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section—

• “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether it is oral or in writing;

• “employ” means employ under a contract of employment and “employment” shall be construed accordingly.

Commencement Information

I7 S. 8 wholly in force at 27.1.1997; s. 8 not in force at Royal Assent see s. 13(3); s. 8 in force for certain purposes at 1.12.1996 and wholly in force at 27.1.1997 by S.I. 1996/2127, art. 2

Yn ddilys o 19/02/2001

[F2 8A Code of practice. U.K.

(1) The Secretary of State must issue a code of practice as to the measures which an employer is to be expected to take, or not to take, with a view to securing that, while avoiding the commission of an offence under section 8, he also avoids unlawful discrimination.

(2) “Unlawful discrimination” means—

(a) discrimination in contravention of section 4(1) of the M3 Race Relations Act 1976 (“the 1976 Act”); or

(b) in relation to Northern Ireland, discrimination in contravention of Article 6(1) of the M4 Race Relations (Northern Ireland) Order 1997 (“the 1997 Order”).

(3) Before issuing the code, the Secretary of State must—

(a) prepare and publish a draft of the proposed code; and

(b) consider any representations about it which are made to him.

(4) In preparing the draft, the Secretary of State must consult—

(a) the Commission for Racial Equality;

(b) the Equality Commission for Northern Ireland; and

(c) such organisations and bodies (including organisations or associations of organisations representative of employers or of workers) as he considers appropriate.

(5) If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament.

(6) The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State.

(7) After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument.

(8) An order under subsection (7)—

(a) shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code.

(9) A failure on the part of any person to observe a provision of the code does not of itself make him liable to any proceedings.

(10) But the code is admissible in evidence—

(a) in proceedings under the 1976 Act before an employment tribunal;

(b) in proceedings under the 1997 Order before an industrial tribunal.

(11) If any provision of the code appears to the tribunal to be relevant to any question arising in such proceedings, that provision is to be taken into account in determining the question.

(12) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

(13) The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.]

Textual Amendments

F2 S. 8A inserted (19.2.2001 for specified purposes and otherwise 2.5.2001) by 1999 c. 33, s. 22; S.I. 2001/239, art. 2, Sch.; S.I. 2001/1394, art. 2, Sch.

Marginal Citations

M3 1976 c. 74.

M4 S.I. 1997/869 (N.I. 6).

F3 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 9 repealed (1.3.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 110, Sch. 16; S.I. 2000/464, art. 2, Sch.

F4 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 S. 10 repealed (3.4.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 111, Sch. 16; S.I. 2000/464, art. 2, Sch.

F5 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F5 S. 11 repealed (3.4.2000) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 108, 112, Sch. 16; S.I. 2000/464, art. 2, Sch.

Miscellaneous and supplemental U.K.

12 Other amendments and repeals. U.K.

(1) Schedule 2 to this Act (which contains amendments of the 1971 Act and a related amendment of the M5 Immigration Act 1988) shall have effect.

(2) Schedule 3 to this Act (which contains amendments of the 1993 Act) shall have effect.

(3) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C4 S. 12(1) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 12(1) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I8 S. 12 partly in force; s. 12 not in force at Royal Assent see s. 13(3); s. 12 in force for certain purposes at 1.9.1996 by S.I. 1996/2053, art. 2, Sch. Pt. II; s. 12(1)(3) in force for certain purposes at 1.10.1996 by S.I. 1996/2053, art. 2, Sch. Pt. III

Marginal Citations

M5 1988 c. 14.

13 Short title, interpretation, commencement and extent. U.K.

(1) This Act may be cited as the Asylum and Immigration Act 1996.

(2) In this Act—

• “the 1971 Act” means the M6 Immigration Act 1971;

• “the 1993 Act” means the M7 Asylum and Immigration Appeals Act 1993;

• “person subject to immigration control” means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

(3) This Act, except section 11 and Schedule 1, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(4) An order under subsection (3) above may make such transitional and supplemental provision as the Secretary of State thinks necessary or expedient.

(5) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

(6) This Act extends to Northern Ireland.

Subordinate Legislation Made

P1 S. 13(3) power partly exercised (25.7.1996): different dates appointed for specified provisions by S.I. 1996/2053

S. 13(3) power partly exercised (11.8.1996): different dates appointed for specified provisions by S.I. 1996/2127

S. 13(3) power partly exercised (25.11.1996): 27.1.1997 appointed for s. 8 by S.I. 1996/2970

Modifications etc. (not altering text)

C5 S. 13(1) extended (Guernsey) (20.7.1998) by S.I. 1998/1264, art. 3, Sch.

S. 13(1) extended (Jersey) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

C6 S. 13(2) extended (Guernsey) (with modifications) (20.7.1998) by S.I. 1998/2164, art. 3, Sch.

S. 13(2) extended (Jersey) (with modifications) (22.6.1998) by S.I. 1998/1070, art. 3, Sch.

Commencement Information

I9 S. 13 wholly in force at 26.7.1996; s. 13 not in force at Royal Assent see s. 13(3); s. 13 in force at 26.7.1996 by S.I. 1996/2053, art. 2, Sch. Pt. I

Marginal Citations

M6 1971 c.77.

M7 1993 c.23.