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(1) Rules under section 3 of the Immigration Act 1971 (c. 77)—
(a) may require a specified procedure to be followed in making or pursuing an application or claim (whether or not under those rules or any other enactment),
(b) may, in particular, require the use of a specified form and the submission of specified information or documents,
(c) may make provision about the manner in which a fee is to be paid, and
(d) may make provision for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).
(2) In respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Secretary of State—
(a) may require the use of a specified form,
(b) may require the submission of specified information or documents, and
(c) may direct the manner in which a fee is to be paid;
and the rules referred to in subsection (1) may provide for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c).
(3) The following shall cease to have effect—
(a) section 31A of the Immigration Act 1971 (procedure for applications), and
(b) section 25 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19) (marriage: application for permission).
(4) At the end of section 41(1) of the British Nationality Act 1981 (procedure) add—
“(j) as to the consequences of failure to comply with provision made under any of paragraphs (a) to (i).”
(5) In section 10(2)(c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement: procedure) for “made in a specified form;” substitute “accompanied by specified information;”.
(6) Paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004 (c. 33) (immigration: procedure) shall cease to have effect.
(1) The Secretary of State may by order require an application or claim in connection with immigration or nationality (whether or not under an enactment) to be accompanied by a specified fee.
(2) The Secretary of State may by order provide for a fee to be charged by him, by an immigration officer or by another specified person in respect of—
(a) the provision on request of a service (whether or not under an enactment) in connection with immigration or nationality,
(b) a process (whether or not under an enactment) in connection with immigration or nationality,
(c) the provision on request of advice in connection with immigration or nationality, or
(d) the provision on request of information in connection with immigration or nationality.
(3) Where an order under this section provides for a fee to be charged, regulations made by the Secretary of State—
(a) shall specify the amount of the fee,
(b) may provide for exceptions,
(c) may confer a discretion to reduce, waive or refund all or part of a fee,
(d) may make provision about the consequences of failure to pay a fee,
(e) may make provision about enforcement, and
(f) may make provision about the time or period of time at or during which a fee may or must be paid.
(4) Fees paid by virtue of this section shall—
(a) be paid into the Consolidated Fund, or
(b) be applied in such other way as the relevant order may specify.
(1) A fee imposed under section 51 may relate to a thing whether or not it is done wholly or partly outside the United Kingdom; but that section is without prejudice to—
(a) section 1 of the Consular Fees Act 1980 (c. 23), and
(b) any other power to charge a fee.
(2) Section 51 is without prejudice to the application of section 102 of the Finance (No. 2) Act 1987 (c. 51) (government fees and charges); and an order made under that section in respect of a power repealed by Schedule 2 to this Act shall have effect as if it related to the powers under section 51 above in so far as they relate to the same matters as the repealed power.
(3) An order or regulations under section 51—
(a) may make provision generally or only in respect of specified cases or circumstances,
(b) may make different provision for different cases or circumstances,
(c) may include incidental, consequential or transitional provision, and
(d) shall be made by statutory instrument.
(4) An order under section 51—
(a) may be made only with the consent of the Treasury, and
(b) may be made only if a draft has been laid before and approved by resolution of each House of Parliament.
(5) Regulations under section 51—
(a) may be made only with the consent of the Treasury, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) A reference in section 51 to anything in connection with immigration or nationality includes a reference to anything in connection with an enactment (including an enactment of a jurisdiction outside the United Kingdom) that relates wholly or partly to immigration or nationality.
(7) Schedule 2 (consequential amendments) shall have effect.
At the end of paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (c. 77) (deportation: power to detain) insert “; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him.”
(1) In the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including, in particular—
(a) acts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence), and
(b) acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence).
(2) In this section—
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and
“terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).
(1) This section applies to an asylum appeal where the Secretary of State issues a certificate that the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention because—
(a) Article 1(F) applies to him (whether or not he would otherwise be entitled to protection), or
(b) Article 33(2) applies to him on grounds of national security (whether or not he would otherwise be entitled to protection).
(2) In this section—
(a) “asylum appeal” means an appeal—
(i) which is brought under section 82, 83 or 101 of the Nationality, Immigration and Asylum Act 2002 (c. 41) or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), and
(ii) in which the appellant claims that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under the Refugee Convention, and
(b) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951.
(3) The Asylum and Immigration Tribunal or the Special Immigration Appeals Commission must begin substantive deliberations on the asylum appeal by considering the statements in the Secretary of State’s certificate.
(4) If the Tribunal or Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to an asylum claim (before considering any other aspect of the case).
(5) Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (serious criminal: Tribunal or Commission to begin by considering certificate) shall have effect subject to subsection (3) above.
(6) Section 33 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (certificate of non-application of Refugee Convention) shall cease to have effect.
(1) For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of citizenship: prejudicing UK interests) substitute—
“(2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.”
(2) At the end of section 40A(3) of that Act (deprivation: appeal) add— “, and
(e) section 108 (forged document: proceedings in private).”;
(and omit the word “and” before section 40A(3)(d)).
(1) After section 2 of the Immigration Act 1971 (c. 77) (right of abode) insert—
(1) The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b).
(2) The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom.
(3) An order under subsection (1) may be revoked by order of the Secretary of State.
(4) While an order under subsection (1) has effect in relation to a person—
(a) section 2(2) shall not apply to him, and
(b) any certificate of entitlement granted to him shall have no effect.”
(2) In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of appeal: definition of immigration decision) after paragraph (ia) insert—
“(ib) a decision to make an order under section 2A of that Act (deprivation of right of abode),”.
(1) The Secretary of State shall not grant an application for registration of an adult or young person as a citizen of any description or as a British subject under a provision listed in subsection (2) unless satisfied that the adult or young person is of good character.
(2) Those provisions are—
(a) sections 1(3) and (4), 3(1) and (5), 4(2) and (5), 4A, 4C, 5, 10(1) and (2), 13(1) and (3) of the British Nationality Act 1981 (c. 61) (registration as British citizen),
(b) sections 15(3) and (4), 17(1) and (5), 22(1) and (2), 24, 27(1) and 32 of that Act (registration as British overseas territories citizen, &c.),
(c) section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) (registration as British citizen), and
(d) section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) (registration as British citizen).
(3) In subsection (1) “adult or young person” means a person who has attained the age of 10 at the time when the application is made.
(4) Where the Secretary of State makes arrangements under section 43 of the British Nationality Act 1981 for a function to be exercised by some other person, subsection (1) above shall have effect in relation to that function as if the reference to the Secretary of State were a reference to that other person.
(1) After section 153 of the Immigration and Asylum Act 1999 (c. 33) (removal centres: rules) insert—
A detained person does not qualify for the national minimum wage in respect of work which he does in pursuance of removal centre rules.”
(2) After section 45A of the National Minimum Wage Act 1998 (c. 39) (exemptions from national minimum wage: persons discharging fines) insert—
Section 153A of the Immigration and Asylum Act 1999 (c. 33) (persons detained in removal centres) disqualifies certain persons for the national minimum wage.”
There shall be paid out of money provided by Parliament—
(a) any expenditure of the Secretary of State in connection with this Act, and
(b) any increase attributable to this Act in sums payable under another enactment out of money provided by Parliament.
Schedule 3 (repeals) shall have effect.
(1) The preceding provisions of this Act shall come into force in accordance with provision made by order of the Secretary of State.
(2) An order under subsection (1)—
(a) may make provision generally or only for specified purposes,
(b) may make different provision for different purposes,
(c) may include transitional or incidental provision or savings, and
(d) shall be made by statutory instrument.
(1) This Act extends to—
(a) England and Wales,
(b) Scotland, and
(c) Northern Ireland.
(2) But—
(a) an amendment by this Act of another Act has the same extent as that Act or as the relevant part of that Act (ignoring extent by virtue of an Order in Council), and
(b) a provision of this Act shall, so far as it relates to nationality, have the same extent as the British Nationality Act 1981 (c. 61) (disregarding excepted provisions under section 53(7) of that Act).
(3) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to—
(a) any of the Channel Islands;
(b) the Isle of Man.
(4) Subsection (3) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (2)(b).
(1) This Act may be cited as the Immigration, Asylum and Nationality Act 2006.
(2) A reference (in any enactment, including one passed or made before this Act) to “the Immigration Acts” is to—
(a) the Immigration Act 1971 (c. 77),
(b) the Immigration Act 1988 (c. 14),
(c) the Asylum and Immigration Appeals Act 1993 (c. 23),
(d) the Asylum and Immigration Act 1996 (c. 49),
(e) the Immigration and Asylum Act 1999 (c. 33),
(f) the Nationality, Immigration and Asylum Act 2002 (c. 41),
(g) the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), and
(h) this Act.
(3) The following shall cease to have effect—
(a) section 32(5) of the Immigration Act 1971 (“the Immigration Acts”),
(b) in section 167(1) of the Immigration and Asylum Act 1999, the definition of “the Immigration Acts”,
(c) section 158 of the Nationality, Immigration and Asylum Act 2002 (“the Immigration Acts”), and
(d) section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (“the Immigration Acts”).
(4) In Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) at the appropriate place insert—
““The Immigration Acts” has the meaning given by section 64 of the Immigration, Asylum and Nationality Act 2006.”
Immigration, Asylum and Nationality Act 2006