Nationality, Immigration and Asylum Act 2002

1. Introductory Text

2. Part 1 Nationality

   1. 1. Naturalisation: knowledge of language and society

   2. 2. Naturalisation: spouse of citizen

   3. 3. Citizenship ceremony, oath and pledge

   4. 4. Deprivation of citizenship

   5. 5. Resumption of citizenship

   6. 6. Nationality decision: discrimination

   7. 7. Nationality decision: reasons and review

   8. 8. Citizenship: registration

   9. 9. Legitimacy of child

   10. 10. Right of abode: certificate of entitlement

   11. 11. Unlawful presence in United Kingdom

   12. 12. British citizenship: registration of certain persons without other citizenship

   13. 13. British citizenship: registration of certain persons born between 1961 and 1983

   14. 14. Hong Kong

   15. 15. Repeal of spent provisions

3. Part 2 Accommodation Centres

   1. Establishment

      1. 16. Establishment of centres

   2. Use of centres

      1. 17. Support for destitute asylum-seeker

      2. 18. Asylum-seeker: definition

      3. 19. Destitution: definition

      4. 20. Dependant: definition

      5. 21. Sections 17 to 20: supplementary

      6. 22. Immigration and Asylum Act 1999, s. 95

      7. 23. Person subject to United Kingdom entrance control

      8. 24. Provisional assistance

      9. 25. Length of stay

      10. 26. Withdrawal of support

   3. Operation of centres

      1. 27. Resident of centre

      2. 28. Manager of centre

      3. 29. Facilities

      4. 30. Conditions of residence

      5. 31. Financial contribution by resident

      6. 32. Tenure

      7. 33. Advisory Groups

   4. General

      1. 34. The Monitor of Accommodation Centres

      2. 35. Ancillary provisions

      3. 36. Education: general

      4. 37. Education: special cases

      5. 38. Local authority

      6. 39. “Prescribed”: orders and regulations

      7. 40. Scotland

      8. 41. Northern Ireland

      9. 42. Wales

4. Part 3 Other Support and Assistance

   1. 43. Asylum-seeker: form of support

   2. 44. Destitute asylum-seeker

   3. 45. Section 44: supplemental

   4. 46. Section 44: supplemental: Scotland and Northern Ireland

   5. 47. Asylum-seeker: family with children

   6. 48. Young asylum-seeker

   7. 49. Failed asylum-seeker

   8. 50. Conditions of support

   9. 51. Choice of form of support

   10. 52. Back-dating of benefit for refugee

   11. 53. Asylum-seeker: appeal against refusal to support

   12. 54. Withholding and withdrawal of support

   13. 55. Late claim for asylum: refusal of support

   14. 56. Provision of support by local authority

   15. 57. Application for support: false or incomplete information

   16. 58. Voluntary departure from United Kingdom

   17. 59. International projects

   18. 60. Northern Ireland authorities

   19. 61. Repeal of spent provisions

5. Part 4 Detention and Removal

   1. Detention

      1. 62. Detention by Secretary of State

      2. 63. Control of entry to United Kingdom, &c.: use of force

      3. 64. Escorts

      4. 65. Detention centres: custodial functions

      5. 66. Detention centres: change of name

      6. 67. Construction of reference to person liable to detention

   2. Temporary release

      1. 68. Bail

      2. 69. Reporting restriction: travel expenses

      3. 70. Induction

      4. 71. Asylum-seeker: residence, &c. restriction

   3. Removal

      1. 72. Serious criminal

      2. 73. Family

      3. 74. Deception

      4. 75. Exemption from deportation

      5. 76. Revocation of leave to enter or remain

      6. 77. No removal while claim for asylum pending

      7. 78. No removal while appeal pending

      8. 78A. Restriction on removal of children and their parents etc

      9. 79. Deportation order: appeal

      10. 80. Removal of asylum-seeker to third country

6. Part 5 Appeals in respect of Protection and Human Rights Claims

   1. Appeal to Tribunal

      1. 81. Meaning of “the Tribunal

      2. 82. Right of appeal to the Tribunal

      3. 83. Appeal: asylum claim

      4. 83A. Appeal: variation of limited leave

      5. 84. Grounds of appeal

      6. 85. Matters to be considered

      7. 85A. Matters to be considered: new evidence: exceptions

      8. 86. Determination of appeal

      9. 87. Successful appeal: direction

   2. Exceptions and limitations

      1. 88. Ineligibility

      2. 88A. Entry clearance

      3. 89. Refusal of leave to enter

      4. 90. Non-family visitor

      5. 91. Student

      6. 92. Place from which an appeal may be brought or continued

      7. 93. Appeal from within United Kingdom: “third country” removal

      8. 94. Appeal from within United Kingdom: unfounded human rights or protection claim

      9. 94A. European Common List of Safe Countries of Origin

      10. 94B. Appeal from within the United Kingdom: certification of human rights claims ...

      11. 95. Appeal from outside United Kingdom: removal

      12. 96. Earlier right of appeal

      13. 97. National security, &c.

      14. 97A. National security: deportation

      15. 97B. Variation of leave on grounds of public good: rights of appeal

      16. 98. Other grounds of public good

      17. 99. Section 97 : appeal in progress

   3. Appeal from adjudicator

      1. 100. Immigration Appeal Tribunal

      2. 101. Appeal to Tribunal

      3. 102. Decision

      4. 103. Appeal from Tribunal

   4. Procedure

      1. 103A. Review of Tribunal’s decision

      2. 103B. Appeal from Tribunal following reconsideration

      3. 103C. Appeal from Tribunal instead of reconsideration

      4. 103D. Reconsideration: legal aid

      5. 103E. Appeal from Tribunal sitting as panel

      6. 104. Pending appeal

      7. 105. Notice of immigration decision

      8. 106. Rules

      9. 107. Practice directions

      10. 108. Forged document: proceedings in private

   5. General

      1. 109. European Union and European Economic Area

      2. 110. Grants

      3. 111. Monitor of certification of claims as unfounded

      4. 112. Regulations, &c.

      5. 113. Interpretation

      6. 114. Repeal

      7. 115. Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision

      8. 116. Special Immigration Appeals Commission: Community Legal Service

      9. 117. Northern Ireland appeals: legal aid

7. PART 5A Article 8 of the ECHR: public interest considerations

   1. 117A. Application of this Part

   2. 117B. Article 8: public interest considerations applicable in all cases

   3. 117C. Article 8: additional considerations in cases involving foreign criminals

   4. 117D. Interpretation of this Part

8. Part 6 Immigration Procedure

   1. Applications

      1. 118. Leave pending decision on variation application

      2. 119. Deemed leave on cancellation of notice

      3. 120. Requirement to state additional grounds for application

      4. 121. Compliance with procedure

   2. Work permit

      1. 122. Fee for work permit, &c.

      2. 123. Advice about work permit, &c.

   3. Authority-to-carry scheme

      1. 124. Authority to carry

   4. Evasion of procedure

      1. 125. Carriers’ liability

   5. Provision of information by traveller

      1. 126. Physical data: compulsory provision

      2. 127. Physical data: voluntary provision

      3. 128. Data collection under Immigration and Asylum Act 1999

   6. Disclosure of information by public authority

      1. 129. Local authority

      2. 130. Inland Revenue

      3. 131. Police, &c.

      4. 132. Supply of document, &c. to Secretary of State

      5. 133. Medical inspectors

   7. Disclosure of information by private person

      1. 134. Employer

      2. 135. Financial institution

      3. 136. Notice

      4. 137. Disclosure of information: offences

      5. 138. Offence by body

      6. 139. Privilege against self-incrimination

   8. Immigration services

      1. 140. Immigration Services Commissioner

   9. Immigration control

      1. 141. EEA ports: juxtaposed controls

   10. Country information

       1. 142. Advisory Panel on Country Information

9. Part 7 Offences

   1. Substance

      1. 143. Assisting unlawful immigration, &c.

      2. 144. Section 143: consequential amendments

      3. 145. Traffic in prostitution

      4. 146. Section 145: supplementary

      5. 147. Employment

      6. 148. Registration card

      7. 149. Immigration stamp

      8. 150. Sections 148 and 149: consequential amendments

      9. 151. False information

   2. Procedure

      1. 152. Arrest by immigration officer

      2. 153. Power of entry

      3. 154. Power to search for evidence

      4. 155. Sections 153 and 154: supplemental

      5. 156. Time limit on prosecution

10. Part 8 General

    1. 157. Consequential and incidental provision

    2. 158. Interpretation: “the Immigration Acts”

    3. 159. Applied provision

    4. 160. Money

    5. 161. Repeals

    6. 162. Commencement

    7. 163. Extent

    8. 164. Short title

11. SCHEDULES

    1. SCHEDULE 1

       Citizenship Ceremony, Oath and Pledge

       1. 1. The following shall be substituted for section 42 of the...

       2. 2. The following shall be substituted for Schedule 5 to the...

       3. 3. Section 41 of the British Nationality Act 1981 (c. 61)...

       4. 4. For subsection (1)(d) substitute— (d) for the time within which...

       5. 5. In subsection (2)(c)— (a) for “the taking there of any...

       6. 6. In subsection (3)(a) for “taking of oaths of allegiance” substitute...

       7. 7. After subsection (3) insert— (3A) Regulations under subsection (1)(d) to...

       8. 8. The Secretary of State may make a payment to a...

       9. 9. (1) A local authority must— (a) comply with a requirement...

    2. SCHEDULE 2

       Nationality: Repeal of Spent Provisions

       1. 1. The following provisions of the British Nationality Act 1981 (c....

       2. 2. Nothing in this Schedule has any effect in relation to...

    3. SCHEDULE 3

       Withholding and Withdrawal of Support

       1. Ineligibility for support

          1. 1. (1) A person to whom this paragraph applies shall not...

       2. Exceptions

          1. 2. (1) Paragraph 1 does not prevent the provision of support...

          2. 3. Paragraph 1 does not prevent the exercise of a power...

       3. First class of ineligible person: refugee status abroad

          1. 4. (1) Paragraph 1 applies to a person if he—

       4. Second class of ineligible person: citizen of other EEA State

          1. 5. Paragraph 1 applies to a person if he—

       5. Third class of ineligible person: failed asylum-seeker

          1. 6. (1) Paragraph 1 applies to a person if—

       6. Fourth class of ineligible person: person unlawfully in United Kingdom

          1. 7. Paragraph 1 applies to a person if—

       7. Fifth class of ineligible person: failed asylum-seeker with family

          1. 7A. (1) Paragraph 1 applies to a person if—

       8. Travel assistance

          1. 8. The Secretary of State may make regulations providing for arrangements...

       9. Temporary accommodation

          1. 9. (1) The Secretary of State may make regulations providing for...

          2. 10. (1) The Secretary of State may make regulations providing for...

       10. Assistance and accommodation: general

           1. 11. Regulations under paragraph 8, 9 or 10 may—

           2. 12. (1) Regulations may, in particular, provide that if a person...

       11. Offences

           1. 13. (1) A person who leaves the United Kingdom in accordance...

       12. Information

           1. 14. (1) If it appears to a local authority that paragraph...

       13. Power to amend Schedule

           1. 15. The Secretary of State may by order amend this Schedule...

       14. Orders and regulations

           1. 16. (1) An order or regulations under this Schedule must be...

       15. Interpretation

           1. 17. (1) In this Schedule— “asylum-seeker” means a person— who is...

    4. Schedule 4

       The Asylum and Immigration Tribunal

       1. Membership

          1. 1. The Lord Chancellor shall appoint the members of the Asylum...

          2. 2. (1) A person is eligible for appointment as a member...

          3. 3. (1) A member— (a) may resign by notice in writing...

          4. 4. (1) The Lord Chancellor may by order make provision for...

       2. Presidency

          1. 5. (1) The Lord Chancellor shall appoint— (a) a member of...

       3. Judicial Assistance

          1. 5A. (1) The Senior President of Tribunals, with the consent of...

          2. 5B. (1) The Senior President of Tribunals may—

       4. Proceedings

          1. 6. The Tribunal shall sit at times and places determined by...

          2. 7. (1) The jurisdiction of the Tribunal shall be exercised by...

          3. 8. (1) The Senior President of Tribunals may make arrangements for...

       5. Staff

          1. 9. The Lord Chancellor may appoint staff for the Tribunal.

       6. Money

          1. 10. The Lord Chancellor— (a) may pay remuneration and allowances to...

          2. 11. The Lord Chancellor may pay compensation to a person who...

       7. Delegation

          1. 12. (1) The Lord Chief Justice of England and Wales may...

       8. Training etc.

          1. 13. The Senior President of Tribunals is responsible, within the resources...

       9. Oaths

          1. 14. (1) Sub-paragraph (2) applies to a person (“ the appointee...

    5. SCHEDULE 5

       1. Membership

          1. 1. The Lord Chancellor shall appoint the members of the Tribunal....

          2. 2. (1) A member— (a) may resign by notice in writing...

       2. Presidency

          1. 3. The Lord Chancellor shall appoint as President of the Tribunal...

          2. 4. (1) The Lord Chancellor shall appoint one legally qualified member...

       3. Proceedings

          1. 5. The Tribunal shall sit at times and places determined by...

          2. 6. The Tribunal may sit in more than one division.

          3. 7. (1) The jurisdiction of the Tribunal may be exercised by...

       4. Staff

          1. 8. The Lord Chancellor may appoint staff for the Tribunal.

       5. Money

          1. 9. The Lord Chancellor— (a) may pay remuneration and allowances to...

          2. 10. The Lord Chancellor may pay compensation to a person who...

       6. Interpretation: legally qualified member

          1. 11. (1) For the purpose of this Schedule a member of...

    6. SCHEDULE 6

       Immigration and Asylum Appeals: Transitional Provision

       1. “Commencement”

          1. 1. In this Schedule “commencement” means the coming into force of...

       2. Adjudicator

          1. 2. Where a person is an adjudicator under section 57 of...

       3. Tribunal

          1. 3. (1) Where a person is a member of the Immigration...

       4. Earlier appeal

          1. 4. In the application of section 96— (a) a reference to...

       5. Saving

          1. 5. (1) This Schedule is without prejudice to the power to...

    7. SCHEDULE 7

       Immigration and Asylum Appeals: Consequential Amendments

       1. Immigration Act 1971 (c. 77)

          1. 1. In section 33(4) of the Immigration Act 1971 (c. 77)...

          2. 2. In paragraph 2A(9) of Schedule 2 to that Act (control...

          3. 3. In paragraph 4(4) of that Schedule (examination and detention of...

          4. 4. In paragraph 8(2) of that Schedule (time within which directions...

          5. 5. In paragraph 25 of that Schedule (rules) for “section 22...

          6. 6. In paragraph 29 of that Schedule (bail pending appeal)—

          7. 7. In paragraph 2(2) of Schedule 3 to that Act (deportation)...

          8. 8. For paragraph 3 of that Schedule (deportation: effect of appeal)...

       2. House of Commons Disqualification Act 1975 (c. 24)

          1. 9. In Part III of Schedule 1 to the House of...

       3. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

          1. 10. In Part III of Schedule 1 to the Northern Ireland...

       4. ...

          1. 11. . . . . . . . . . ....

          2. 12. . . . . . . . . . ....

          3. 13. . . . . . . . . . ....

          4. 14. . . . . . . . . . ....

          5. 15. . . . . . . . . . ....

       5. Courts and Legal Services Act 1990 (c. 41)

          1. 16. In Schedule 11 to the Courts and Legal Services Act...

       6. Tribunals and Inquiries Act 1992 (c. 53)

          1. 17. In paragraph 22 of Schedule 1 to the Tribunals and...

       7. Judicial Pensions and Retirement Act 1993 (c. 8)

          1. 18. In Part II of Schedule 1 to the Judicial Pensions...

          2. 19. In Schedule 5 to that Act (retirement provisions: the relevant...

       8. Special Immigration Appeals Commission Act 1997 (c. 68)

          1. 20. The following shall be substituted for section 2 of the...

          2. 21. Section 2A of that Act (human rights) shall cease to...

          3. 22. Section 4 of that Act (determination of appeals) shall cease...

          4. 23. In section 5 of that Act (procedure)—

          5. 24. Section 7A of that Act (pending appeals) shall cease to...

          6. 25. In paragraph 5 of Schedule 1 to that Act—

          7. 26. Schedule 2 to that Act shall cease to have effect....

       9. Immigration and Asylum Act 1999 (c. 33)

          1. 27. In section 23(1) of the Immigration and Asylum Act 1999...

          2. 28. In section 53(4) of that Act (bail) for “this Act”...

          3. 29. (1) Paragraph 9 of Schedule 4 to that Act (appeals:...

       10. Anti-terrorism, Crime and Security Act 2001 (c. 24)

           1. 30. The following shall be substituted for section 27(10) of the...

       11. Proceeds of Crime Act 2002 (c. 29)

           1. 31. The following shall be substituted for paragraph 4 of Schedule...

           2. 32. In paragraph 4 of Schedule 4 to that Act (lifestyle...

           3. 33. The following shall be substituted for paragraph 4 of Schedule...

    8. SCHEDULE 8

       Carriers’ Liability

       1. 1. The Immigration and Asylum Act 1999 (c. 33) shall be...

       2. 2. (1) Section 32 (penalty for carrying clandestine entrant) shall be...

       3. 3. After section 32 insert— Level of penalty: code of practice...

       4. 4. The heading of section 33 (code of practice) becomes “...

       5. 5. In section 33(2)(b) omit “both Houses of”.

       6. 6. (1) Section 34 (defence) shall be amended as follows.

       7. 7. (1) Section 35 (notification and objection) shall be amended as...

       8. 8. After section 35 insert— Appeal (1) A person may appeal to the court against a...

       9. 9. (1) Section 36 (detention of vehicle) shall be amended as...

       10. 10. After section 36 insert— Detention in default of payment (1) This section applies where a person to whom a...

       11. 11. (1) Section 37 (effect of detention of transporter) shall be...

       12. 12. Section 39(rail freight) shall cease to have effect.

       13. 13. For section 40 (charge in respect of passenger without proper...

       14. 14. Section 42(power to detain vehicle, &c. carrying person without proper...

       15. 15. In section 43 (interpretation) (which becomes subsection (1))—

       16. 16. (1) Schedule 1 (sale of transporter) shall be amended as...

       17. 17. (1) This paragraph applies to a code of practice which—...

    9. SCHEDULE 9

       Repeals