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Illegal Migration Act 2023

Changes to legislation:

Illegal Migration Act 2023 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

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Changes and effects yet to be applied to :

  • s. 44(3)-(6) applied (with modifications) by 1997 c. 68, s. 2AA(2)(3) (as inserted) by 2023 c. 37 s. 53(5)
  • s. 48(2)-(7) applied (with modifications) by 1997 c. 68, s. 2AA(2)(3) (as inserted) by 2023 c. 37 s. 53(5)
  1. Introductory Text

  2. Introduction

    1. 1.Introduction

  3. Duty to make arrangements for removal

    1. 2.Duty to make arrangements for removal

    2. 3.Amendment of date in section 2(3) etc

    3. 4.Unaccompanied children and power to provide for exceptions

    4. 5.Disregard of certain claims, applications etc

    5. 6.Removal for the purposes of section 2 or 4

    6. 7.Powers to amend Schedule 1

    7. 8.Further provisions about removal

    8. 9.Support where asylum claim inadmissible

    9. 10.Other consequential amendments relating to removal

  4. Detention, bail etc

    1. 11.Powers of detention

    2. 12.Period for which persons may be detained

    3. 13.Powers to grant immigration bail

    4. 14.Disapplication of duty to consult Independent Family Returns Panel

    5. 15.Electronic devices etc

  5. Unaccompanied children

    1. 16.Accommodation and other support for unaccompanied migrant children

    2. 17.Transfer of children from Secretary of State to local authority and vice versa

    3. 18.Duty of local authority to provide information to the Secretary of State

    4. 19.Enforcement of local authorities’ duties under sections 17 and 18

    5. 20.Extension to Wales, Scotland and Northern Ireland

    6. 21.Transfer of children between local authorities

  6. Modern slavery

    1. 22.Provisions relating to removal and leave

    2. 23.Provisions relating to support: England and Wales

    3. 24.Provisions relating to support: Scotland

    4. 25.Provisions relating to support: Northern Ireland

    5. 26.Suspension and revival of sections 22 to 25

    6. 27.Procedure for certain regulations under section 26

    7. 28.Amendments relating to sections 22 to 25

    8. 29.Disapplication of modern slavery provisions

  7. Entry, settlement and citizenship

    1. 30.Entry into and settlement in the United Kingdom

    2. 31.Persons prevented from obtaining British citizenship etc

    3. 32.British citizenship

    4. 33.British overseas territories citizenship

    5. 34.British overseas citizenship

    6. 35.British subjects

    7. 36.Disapplication of sections 32 to 35

    8. 37.Amendments relating to sections 32 to 36

  8. Legal proceedings

    1. 38.Suspensive claims: interpretation

    2. 39.Serious harm suspensive claims: interpretation

    3. 40.Meaning of “serious and irreversible harm”

    4. 41.Relationship with other proceedings

    5. 42.Serious harm suspensive claims

    6. 43.Removal conditions suspensive claims

    7. 44.Appeals in relation to suspensive claims

    8. 45.Permission to appeal in relation to suspensive claims certified as clearly unfounded

    9. 46.Suspensive claims out of time

    10. 47.Suspensive claims: duty to remove

    11. 48.Upper Tribunal consideration of new matters

    12. 49.Appeals in relation to suspensive claims: timing

    13. 50.Procedure for Tribunal Procedure Rules

    14. 51.Finality of certain decisions by the Upper Tribunal

    15. 52.Judges of First-tier Tribunal and Upper Tribunal

    16. 53.Special Immigration Appeals Commission

    17. 54.Interim remedies

    18. 55.Interim measures of the European Court of Human Rights

    19. 56.Legal aid

  9. Age assessments etc

    1. 57.Decisions relating to a person’s age

    2. 58.Age assessments: power to make provision about refusal to consent to scientific methods

  10. Inadmissibility of certain asylum and human rights claims

    1. 59.Inadmissibility of certain asylum and human rights claims

  11. Safe and legal routes

    1. 60.Cap on number of entrants using safe and legal routes

    2. 61.Report on safe and legal routes

  12. Credibility of claimant

    1. 62.Credibility of claimant: concealment of information etc

  13. General

    1. 63.Financial provision

    2. 64.Consequential and minor provision

    3. 65.Regulations

    4. 66.Defined expressions

    5. 67.Extent

    6. 68.Commencement

    7. 69.Short title

  14. Schedules

    1. Schedule 1

      Countries or territories to which a person may be removed

      1. 1.Republic of Albania.

      2. 2.Austria.

      3. 3.Belgium.

      4. 4.Bolivia.

      5. 5.Bosnia and Herzegovina.

      6. 6.Brazil.

      7. 7.Bulgaria.

      8. 8.Republic of Croatia.

      9. 9.Republic of Cyprus.

      10. 10.Czech Republic.

      11. 11.Denmark.

      12. 12.Ecuador.

      13. 13.Estonia.

      14. 14.Finland.

      15. 15.France.

      16. 16.Gambia (in respect of men).

      17. 17.Germany.

      18. 18.Ghana (in respect of men).

      19. 19.Greece.

      20. 20.Hungary.

      21. 21.Iceland.

      22. 22.India.

      23. 23.Republic of Ireland.

      24. 24.Italy.

      25. 25.Jamaica.

      26. 26.Kenya (in respect of men).

      27. 27.Kosovo.

      28. 28.Latvia.

      29. 29.Liberia (in respect of men).

      30. 30.Principality of Liechtenstein.

      31. 31.Lithuania.

      32. 32.Luxembourg.

      33. 33.Malawi (in respect of men).

      34. 34.Mali (in respect of men).

      35. 35.Malta.

      36. 36.Mauritius.

      37. 37.The Republic of Moldova.

      38. 38.Mongolia.

      39. 39.Montenegro.

      40. 40.Netherlands.

      41. 41.Nigeria (in respect of men).

      42. 42.North Macedonia.

      43. 43.Norway.

      44. 44.Peru.

      45. 45.Poland.

      46. 46.Portugal.

      47. 47.Romania.

      48. 48.Republic of Rwanda.

      49. 49.Serbia.

      50. 50.Sierra Leone (in respect of men).

      51. 51.Slovak Republic.

      52. 52.Slovenia.

      53. 53.South Africa.

      54. 54.South Korea.

      55. 55.Spain.

      56. 56.Sweden.

      57. 57.Switzerland.

    2. Schedule 2

      Electronic devices etc

      1. 1.Introduction

      2. 2.(1) In this Schedule— “appropriate adult”, in relation to a...

      3. 3.Power to search relevant persons

      4. 4.Power to search vehicles and containers

      5. 5.Power to search premises

      6. 6.Power to search property

      7. 7.Power of seizure

      8. 8.Power of retention

      9. 9.Power to access, copy and use information stored on relevant article

      10. 10.Relevant articles containing items subject to legal privilege

      11. 11.Extension of powers to other persons

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