Immigration Act 2014

3 Independent Family Returns Panel

Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—

“54A Independent Family Returns Panel

(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.”