The Immigration (Age Assessments) Regulations 2023

Draft Regulations laid before Parliament under section 52(8) of the Nationality and Borders Act 2022, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2023 No. XXX

Immigration And Asylum

The Immigration (Age Assessments) Regulations 2023

Made

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Coming into force

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The Secretary of State makes these Regulations in exercise of the powers conferred by section 52(1) and (2)(a) of the Nationality and Borders Act 2022(1).

Before making these Regulations, the Secretary of State has sought scientific advice and has determined that the methods specified are appropriate for assessing a person’s age, in accordance with section 52(3) of the Nationality and Borders Act 2022.

A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(8)(2) of the Nationality and Borders Act 2022.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Immigration (Age Assessments) Regulations 2023.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) In these Regulations, “the 2022 Act” means the Nationality and Borders Act 2022.

Specified scientific methods for use in age assessments

2.  The scientific methods specified under section 52 of the 2022 Act for the purposes of age assessments under section 50 or 51 of the 2022 Act are—

(a) the interpretation of radiographs to assess the stage of maturation of the mandibular third molars;

(b) the interpretation of radiographs to assess the stage of maturation of the bones of the hand and wrist;

(c) the interpretation of images from magnetic resonance imaging to assess the stage of maturation of the distal femur and proximal tibia;

(d) the interpretation of images from magnetic resonance imaging to assess the stage of maturation of the medial end of the clavicle.

Name

Minister of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision specifying four scientific methods that may be used for the purposes of age assessments on age-disputed persons (age-disputed persons are persons subject to immigration control where there is not enough evidence to be sure of their age) under section 50 or 51 of the Nationality and Borders Act 2022 (c. 36).

Regulation 2 specifies the four scientific methods: (a) the use of radiographs to assess the mandibular third molars; (b) the use of radiographs to assess the bones in the hand and wrist; (c) the use of magnetic resonance imaging (MRI) to assess the distal femur and proximal tibia; and (d) the use of MRI to assess the clavicle.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2022 c. 36.

(2)

For the meaning of “affirmative resolution procedure” see section 85(4) of the Nationality and Borders Act 2022.