Illegal Migration Act 2023

A Bill to Make provision for and in connection with the removal from the United Kingdom of persons who have entered or arrived in breach of immigration control; to make provision about detention for immigration purposes; to make provision about unaccompanied children; to make provision about victims of slavery or human trafficking; to make provision about leave to enter or remain in the United Kingdom; to make provision about citizenship; to make provision about the inadmissibility of certain protection and certain human rights claims relating to immigration; to make provision about the maximum number of persons entering the United Kingdom annually using safe and legal routes; and for connected purposes.

Originating House: Commons
Current House: Unassigned
Current Stage: Royal Assent (This is now an Act of Parliament (I.e. an active law)
Sponsors:
Suella Braverman (Home Office)
,
Lord Murray of Blidworth (Home Office)
Link: https://bills.parliament.uk/bills/3429

The analysis below is based on the latest amended version of the bill found on 23rd July 2023. You can find the exact PDF document here: https://bills.parliament.uk/publications/52301/documents/3822

TL;DR:

The Illegal Migration Bill aims to deter illegal entry into the UK by speeding up removal of people who arrive illegally, restricting their ability to appeal or claim asylum/modern slavery protections, capping legal migration routes, and making it harder for those removed to later obtain settlement or citizenship. The bill faces criticism over limited rights of appeal for those facing removal and the potential impact on genuine asylum seekers and modern slavery victims.

Concerns:

Limiting appeals for those facing removal, even if incorrectly identified, denies due process. Disapplying modern slavery protections risks allowing abuse of vulnerable people. Capping legal migration leaves fewer options for safe entry, potentially driving risky illegal migration. The bill's potential impact on genuine asylum seekers also raises moral concerns. Overall, citizens may see the bill as going too far in its restrictions at the expense of human rights and justice.

Detailed Overview:

The Illegal Migration Bill aims to deter illegal entry into the UK by introducing measures to speed up the removal of people who arrive in the UK without valid entry clearance or permission. Here is a summary of what the bill does:

Overview:

Places a duty on the Home Secretary to make arrangements to remove people who arrive in the UK illegally, with limited exceptions such as unaccompanied children. These people can be detained pending removal.
Prevents people subject to removal under the bill from making asylum or human rights claims, limits access to legal aid, and restricts judicial reviews to challenge removal.
Disapplies modern slavery protections so people subject to removal cannot claim these protections.
Prevents settlement in the UK and access to citizenship for those subject to removal under the bill.
Allows asylum/human rights claims from nationals of 'safe countries' to be treated as inadmissible.
Caps number of people entering annually through safe and legal routes.

Areas of concern:

Limited rights of appeal and access to justice for those facing removal. Critics argue this undermines the rule of law.
Disapplying modern slavery protections could prevent genuine victims from getting support.
Inadmissibility provisions could prevent genuine asylum seekers from having claims heard.
Cap on legal routes could increase illegal migration by restricting opportunities to enter legally.

Areas needing scrutiny:

Safeguards and appeals process for people incorrectly identified for removal.
Implications for genuine modern slavery victims if protections disapplied.
How inadmissibility provisions will be applied - scope for refusal of genuine claims?
Appropriateness of legal routes cap and impact on illegal migration.
Adequacy of provisions for unaccompanied children.

Below we have highlighted changes found in the most recent amended version of the bill that was found on the analysis-date of 23rd July 2023, so it may not reflect latest changes. Those highest up have been flagged as impactful or worthy of public scutiny or attention. These are the likely to be the highest signal parts of the bill; members of the public might benefit from seeing these.

Important: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis.

You are urged to read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3429

- 🔴 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (2A)
A new subsection (2A) is inserted, which outlines the conditions under which a person may be detained under the authority of the Secretary of State. These conditions include suspicion of meeting the conditions for removal, suspicion of the Secretary of State having a duty to make removal arrangements, having such a duty, or meeting the conditions but the Secretary of State not having a duty to remove. The subsection also specifies the pending decisions or actions that may occur during the detention period.
Exemplar quote from bill: ... the ship or aircraft on which the person is detained.” (2) In paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control 40 pending deportation)— (a) after sub-paragraph (3) insert— ...“(2A) A person may be detained under the authority of the Secretary of State— (a) if the Secretary of State suspects that the person meets the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom), pending a decision as to whether the conditions are met; (b) if the Secretary of State suspects that the Secretary of State has 20 a duty to make arrangements for the removal of the person from the United Kingdom under that section, pending a decision as to whether the duty applies; (c) 25 if the Secretary of State has such a duty, pending the person’s removal from the United Kingdom in accordance with that section; (d) if the person meets those four conditions but the Secretary of State does not have such a duty by virtue of subsection (1) of section 3 of that Act— (i) pending a decision to give limited leave under the 30 immigration rules to the person for the purposes of that subsection, (ii) pending a decision to give leave under section 8AA of 35 the Immigration Act 1971 (discretionary leave for persons generally ineligible for leave etc), (iii) pending a decision to give leave under section 65(2) of the Nationality and Borders Act 2022 (leave to remain for victims of slavery or human trafficking), or (iv) 40 pending a decision to remove the person under subsection (2) of section 3 of the Illegal Migration Act 2023 (power to remove unaccompanied children), and pending their removal in accordance with that subsection....c) insert— “(ca) paragraph 17A (period for which persons may be 25 detained);”. (4) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)— (a) after subse...
- ‼️ Human Rights
  (Variously affected)
- 🔴 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
paragraph 17A
A new paragraph 17A is inserted, which outlines the period for which a person liable to be detained under paragraph 16 may be detained. It states that the detention period should be reasonably necessary to enable examination, removal, decision-making, or giving directions. The sub-paragraphs apply regardless of any obstacles preventing examination, removal, decision-making, or giving directions. The sub-paragraphs are subject to limitations on detention of unaccompanied children, detention of pregnant women, and detention for examination for a maximum of 12 hours. Sub-paragraph (5) allows for further detention if the examination, removal, decision-making, or giving directions cannot be completed within a reasonable period of time. The application of the paragraph in relation to detention under paragraph 16(3) and (4) is also specified.
Exemplar quote from bill: ...ter sub-paragraph (4) insert— “(5) See paragraph 17A for provision about the period for which persons may be detained under this paragraph.”; Illegal Migration Bill 17 (b) after paragraph 17 insert— ...“17A (1) A person liable to be detained under paragraph 16 may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the examination or removal to be carried out, the decision to be made, or the directions to be given. (2) Sub-paragraphs (1) to (2), (2C), (3) and (4) of paragraph 16 apply regardless of whether there is anything that for the time being prevents the examination or removal from being carried out, the decision from being made, or the directions from being given. (3) Sub-paragraphs (1) and (2) are subject to— (a) paragraph 16(1B) (power to detain for examination for period not exceeding 12 hours); (b) paragraph 16(2A) and paragraph 18B (limitation on detention of unaccompanied children); (c) paragraph 16(2B) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women). (4) 20 Sub-paragraph (5) applies if, while a person is detained under paragraph 16, the Secretary of State no longer considers that the examination or removal will be carried out, the decision will be made, or the directions will be given within a reasonable period of time. (5) 25 The person may be detained under paragraph 16 for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate. (6) 30 In the application of this paragraph in relation to detention under paragraph 16(3), references to “the removal” are to— (a) the removal of the person from the ship or aircraft on which the person is detained so that the person may be detained under paragraph 16, or (b) 35 the removal of the person from the United Kingdom in that ship or aircraft. (7) In the application of this paragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.”...tained.” (2) In paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control 40 pending deportation)— (a) after sub-paragraph (3) insert— “(3A) A person liable to be detained under sub-...
- ‼️ Human Rights
  (Variously affected)
- 🔴 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
paragraph 2 of Schedule 3
Paragraph 2 of Schedule 3 to the Immigration Act 1971 is amended to specify the period for which a person liable to be detained under sub-paragraph (1), (2), or (3) may be detained. It states that the detention period should be reasonably necessary to enable the deportation order to be made or the removal to be carried out. The sub-paragraphs apply regardless of any obstacles preventing the deportation order from being made or the removal from being carried out. The sub-paragraphs are subject to limitations on detention of pregnant women. Sub-paragraph (3E) allows for further detention if the deportation order or removal cannot be completed within a reasonable period of time.
Exemplar quote from bill: ...aragraph in relation to detention under paragraph 16(4), references to “the removal” are to the removal of the person from the United Kingdom in the ship or aircraft on which the person is detained.” ...(2) In paragraph 2 of Schedule 3 to the Immigration Act 1971 (detention or control 40 pending deportation)— (a) after sub-paragraph (3) insert— “(3A) A person liable to be detained under sub-paragraph (1), (2) or (3) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the deportation order to be made, or the removal to be carried out. (3B) Sub-paragraphs (1) to (3) apply regardless of whether there is 5 anything that for the time being prevents the deportation order from being made or the removal from being carried out. (3C) Sub-paragraphs (3A) and (3B) are subject to sub-paragraph (4ZA) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women). (3D) 10 Sub-paragraph (3E) applies if, while a person is detained under sub-paragraph (1), (2) or (3), the Secretary of State no longer considers that the deportation order will be made or the removal will be carried out within a reasonable period of time. (3E) The person may be detained under that sub-paragraph for such 15 further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.”;...siders to be appropriate.”; (b) in sub-paragraph (4), for “17 to 18A” substitute “17, 18, 18A”. (3) 20 In section 10(9) of the Immigration and Asylum Act 1999 (application of Schedule 2 to the Immigra...
- ‼️ Human Rights
  (Variously affected)
- 🔴 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 62(2J)
Section 62(2J) of the Nationality, Immigration and Asylum Act 2002 is amended to specify the period for which a person liable to be detained under this section may be detained. It states that the detention period should be reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given. The sub-sections apply regardless of any obstacles preventing the decision from being made, the removal or examination from being carried out, or the directions from being given. The sub-sections are subject to limitations on detention of unaccompanied children and detention of pregnant women. Sub-section (2N) allows for further detention if the decision, removal or examination, or directions cannot be completed within a reasonable period of time.
Exemplar quote from bill: ...persons may be 25 detained);”. (4) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)— (a) after subsection (2I) (inserted by section 10(6)), insert— “...(2J) A person liable to be detained under this section may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable the decision to be made, the removal or examination to be carried out, or the directions to be given. (2K) Subsections (1) to (2A) apply regardless of whether there is anything that for the time being prevents the decision from being made, the removal or examination from being carried out, or the directions from being given. (2L) Subsections (2J) and (2K) are subject to— (a) paragraph 18B of Schedule 2 to the Immigration Act 1971 (limitation on detention of unaccompanied children), as applied by subsection (3); (b) subsection (7A) and section 60 of the Immigration Act 2016 (limitation on detention of pregnant women). (2M) Subsection (2N) applies if, while a person is detained under this section, the Secretary of State no longer considers that the decision will be made, the removal or examination will be carried out, or the directions will be given within a reasonable period of time. (2N) The person may be detained under this section for such further period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.”;...y of State considers to be appropriate.”; (b) in subsection (3), in the opening words, after “under that Schedule” insert “, other than paragraph 17A,”. (5) In section 36 of the UK Borders Act 2007 (d...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 17
The Secretary of State is given the power to direct local authorities to provide information regarding the accommodation and support provided to children, for the purpose of making decisions regarding the transfer of unaccompanied migrant children.
Exemplar quote from bill: ...0 Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971. 17 Duty of local authority to provide information to the Secretary of State ...(1) The Secretary of State may direct a local authority to provide information to the Secretary of State for the purposes of helping the Secretary of State to make a decision under section 16(1) or (4) (decision to transfer unaccompanied migrant child from Secretary of State to local authority or vice versa)....a). (2) The information that the Secretary of State may direct a local authority to provide is— (a) information about the accommodation and support provided to children by the local authority; (b) suc...
- ‼️ Education
  (Variously affected)
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 18
The Secretary of State is given the power to declare a local authority to be in default if they fail to comply with a direction or duty, and may issue directions to ensure compliance.
Exemplar quote from bill: ...e Secretary of State may direct, and (b) 5 before such time or before the end of such period as the Secretary of State may direct. 18 Enforcement of local authorities’ duties under sections 16 and 17 ...(1) If the Secretary of State is satisfied that a local authority has failed, without reasonable excuse, to comply with a direction under section 16 or a duty under section 17, the Secretary of State may make an order declaring that authority to be in default with respect to that direction or duty....ty. (2) An order under subsection (1) must give the Secretary of State’s reasons for making it. (3) An order under subsection (1) may contain such directions for the purpose 15 of ensuring that the di...
- ‼️ Education
  (Variously affected)
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 19
The Secretary of State is given the power to make regulations to extend the application of sections 15 to 18 to Wales, Scotland, or Northern Ireland, and may amend or repeal any enactment to facilitate this extension.
Exemplar quote from bill: ...of State to be necessary. (4) Any such direction may be enforced on an application made on behalf of the Secretary of State, by a mandatory order. 19 Extension to Wales, Scotland and Northern Ireland ...(1) The Secretary of State may make regulations enabling sections 15 to 18 to apply in relation to Wales, Scotland or Northern Ireland....nd. (2) The regulations may amend, repeal or revoke any enactment (including an enactment contained in this Act). (3) The regulations may not confer functions on— (a) the Welsh Ministers, 25 (b) the S...
- ‼️ Education
  (Variously affected)
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 21
Provisions relating to the disapplication of modern slavery provisions are outlined, stating that if a competent authority determines that a person is a victim of slavery or human trafficking, certain prohibitions and requirements regarding removal and leave do not apply to that person.
Exemplar quote from bill: ...in the meaning of the Illegal Migration Act 2023 (see section 3(5) of that Act).” (3) In subsection (10), at the end insert “(a) to (c)”. Modern slavery 10 21 Provisions relating to removal and leave ...(1) Subsection (2) (disapplication of modern slavery provisions) applies in relation to a person if— (a) the Secretary of State is required by section 2(1) to make arrangements for the removal of the person from the United Kingdom, and (b) a decision has been made by a competent authority that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking (a “positive reasonable grounds decision”)....”). This is subject to subsections (3) to (7). (2) Where this subsection applies in relation to a person— 20 (a) any prohibition arising under section 61 or 62 of the Nationality and Borders Act 2022 ...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 22
A duty under section 50A of the Modern Slavery Act 2015 to provide assistance and support to a person does not apply if the person is subject to removal and a positive reasonable grounds decision has been made in relation to them.
Exemplar quote from bill: ...ficking and Exploitation (Scotland) Act 5 2015 (power to modify section 9), or (b) section 10(1) of that Act (slavery etc: support and assistance). 24 Provisions relating to support: Northern Ireland ...(1) Subsection (2) applies in relation to a person if— (a) the Secretary of State is required by section 2(1) to make arrangements for the removal of the person from the United Kingdom, (b) a positive reasonable grounds decision has been made in relation to the person, and (c) section 21(3) (cooperation with public authority) does not apply in relation to the person....e person is a victim of slavery or trafficking in human beings. This is subject to subsections (3) to (5). (2) Where this subsection applies in relation to a person, the following do not apply in rela...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 23
Provisions relating to the disapplication of support and assistance duties and powers in Scotland are outlined, stating that if a competent authority determines that a person is a victim of slavery or human trafficking, certain duties and powers of the Scottish Ministers regarding support and assistance do not apply to that person.
Exemplar quote from bill: ...ficking and Exploitation (Scotland) Act 5 2015 (power to modify section 9), or (b) section 10(1) of that Act (slavery etc: support and assistance). 24 Provisions relating to support: Northern Ireland ...(1) Subsection (2) applies in relation to a person if— (a) the Secretary of State is required by section 2(1) to make arrangements for the removal of the person from the United Kingdom, and (b) a competent authority has determined that there are reasonable grounds to believe that the person is a victim of slavery or human trafficking or is determining whether or not that is the case....tim of slavery or trafficking in human beings. This is subject to subsections (3) to (5). (2) Where this subsection applies in relation to a person, the following do not apply in relation to the perso...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 24
Provisions relating to the disapplication of support and assistance duties and powers in Northern Ireland are outlined, stating that if a competent authority determines that a person is a victim of slavery or trafficking in human beings, certain duties and powers of the Department of Justice in Northern Ireland regarding support and assistance do not apply to that person.
Exemplar quote from bill: ...ficking and Exploitation (Scotland) Act 5 2015 (power to modify section 9), or (b) section 10(1) of that Act (slavery etc: support and assistance). 24 Provisions relating to support: Northern Ireland ...(1) Subsection (2) applies in relation to a person if— (a) the Secretary of State is required by section 2(1) to make arrangements for the removal of the person from the United Kingdom, and (b) a reference relating to the person has been, or is about to be, made to a competent authority for a determination whether there are reasonable grounds to believe that the person is a victim of slavery or trafficking in human beings....eings. This is subject to subsections (3) to (5). (2) Where this subsection applies in relation to a person, the following do not apply in relation to the person— (a) 20 any duty of the Department of ...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 25
The operation of provisions in sections 21 to 24 is subject to suspension for a period of 2 years, with the Secretary of State having the power to suspend, continue, or revive the operation of these provisions through regulations.
Exemplar quote from bill: ...section the following expressions have the same meaning as in section 21— “competent authority”; 35 “public authority”; “the Trafficking Convention”. 25 Suspension and revival of sections 21 to 24 (1)...(1) The operation of a provision of sections 21 to 24 (a “relevant provision”) is suspended at the end of the period of 2 years beginning with the coming into force of that provision.... (2) Subsection (1) does not apply to section 23(9) (power to amend section 23 in consequence of regulations made by the Scottish Ministers). Illegal Migration Bill 31 (3) The Secretary of State may ...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2B)
A new subsection (2B) is inserted, which states that the powers outlined in subsection (2A) may only be exercised in relation to an unaccompanied child in specific circumstances as specified in regulations made by the Secretary of State.
Exemplar quote from bill: ...The duty under subsection (2)(a) does not apply where the proposed removal is for the purposes of section 2 or 3(2) of the Illegal Migration Act 2023 (duty or power to make arrangements for removal). ...(2B) The powers in subsection (2A) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State....der authority of immigration officer relating to removal under the Illegal Migration Act 2023), or (b) section 62(2A) of the Nationality, Immigration and Asylum Act 15 2002 (detention under authority ...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2C)
A new subsection (2C) is inserted, which grants the Secretary of State the power to specify time limits for the detention of an unaccompanied child in relation to removal under subsection (2A)(d)(iv).
Exemplar quote from bill: ...B) 45 The powers in subsection (2A) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State. 16 Illegal Migration Bill ...(2C) The Secretary of State may, by regulations, specify time limits that apply to the detention of an unaccompanied child under subsection (2A)(d)(iv) (detention of unaccompanied child in relation to removal).... (2D) 5 Regulations under subsection (2B) may confer a discretion on the Secretary of State or an immigration officer. (2E) Regulations under subsection (2B) or (2C)— (a) may make different provision ...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2D)
A new subsection (2D) is inserted, which states that regulations made under subsection (2B) may grant discretion to the Secretary of State or an immigration officer.
Exemplar quote from bill: ...sion to remove the person under 5 subsection (2) of section 3 of the Illegal Migration Act 2023 (power to remove unaccompanied children), and pending their removal in accordance with that subsection. ...(2D) Regulations under subsection (2B) may confer a discretion on the Secretary of State or an immigration officer....ances specified in regulations made by the Secretary of State. (2E) The Secretary of State may, by regulations, specify time limits that 15 apply in relation to the detention of an unaccompanied child...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2E)
A new subsection (2E) is inserted, which outlines the provisions for regulations made under subsection (2B) or (2C). These regulations may make different provisions for different purposes, include consequential, supplementary, incidental, transitional, or saving provisions, and must be made by statutory instrument.
Exemplar quote from bill: ...subsection (2A)(d)(iv) (detention of unaccompanied child in relation to removal). (2D) 5 Regulations under subsection (2B) may confer a discretion on the Secretary of State or an immigration officer. ...(2E) Regulations under subsection (2B) or (2C)— (a) may make different provision for different purposes; (b) may make consequential, supplementary, incidental, transitional or saving provision; (c) must be made by statutory instrument.... 10 (2F) A person who may be detained under subsection (2A) may no longer be detained under subsection (1) or (2). (2G) A person (of any age) detained under subsection (2A) may be detained in any plac...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2F)
A new subsection (2F) is inserted, which states that a person who may be detained under subsection (2A) may no longer be detained under subsection (1) or (2).
Exemplar quote from bill: ...or (2C)— (a) may make different provision for different purposes; (b) may make consequential, supplementary, incidental, transitional or saving provision; (c) must be made by statutory instrument. 10 ...(2F) A person who may be detained under subsection (2A) may no longer be detained under subsection (1) or (2).... (2G) A person (of any age) detained under subsection (2A) may be detained in any place that the Secretary of State considers appropriate. (2H) A statutory instrument containing regulations under subs...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2G)
A new subsection (2G) is inserted, which states that a person, regardless of age, who is detained under subsection (2A) may be detained in any place that the Secretary of State deems appropriate.
Exemplar quote from bill: ...cidental, transitional or saving provision; (c) must be made by statutory instrument. 10 (2F) A person who may be detained under subsection (2A) may no longer be detained under subsection (1) or (2). ...(2G) A person (of any age) detained under subsection (2A) may be detained in any place that the Secretary of State considers appropriate.... (2H) A statutory instrument containing regulations under subsection (2B) 15 or (2C) is subject to annulment in pursuance of a resolution of either House of Parliament. (2I) In subsections (2B) and (2...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2H)
A new subsection (2H) is inserted, which states that a statutory instrument containing regulations made under subsection (2B) or (2C) is subject to annulment by either House of Parliament.
Exemplar quote from bill: ...n (2A) may no longer be detained under subsection (1) or (2). (2G) A person (of any age) detained under subsection (2A) may be detained in any place that the Secretary of State considers appropriate. ...(2H) A statutory instrument containing regulations under subsection (2B) 15 or (2C) is subject to annulment in pursuance of a resolution of either House of Parliament.... (2I) In subsections (2B) and (2C), “unaccompanied child” has the same 20 meaning as in the Illegal Migration Act 2023 (see section 3 of that Act).” (7) In subsection (3), in the opening words, for “t...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
regulation 32
Regulation 32 of the Immigration (European Economic Area) Regulations 2016 is amended to specify that a person who may be removed from the United Kingdom under regulation 23(6)(b) may be detained under the authority of the Secretary of State pending a decision on whether or not to remove the person under that regulation.
Exemplar quote from bill: ...period as, in the opinion of the Secretary of State, is reasonably necessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.” (6)...(6) In regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) as it continues to have effect following its revocation (person subject to removal), for paragraph (1) substitute— “(1) If there are reasonable grounds for suspecting that a person is someone who may be removed from the United Kingdom under regulation 23(6)(b), that person may be detained under the authority of the Secretary of State pending a decision whether or not to remove the person under that regulation....on. 20 Illegal Migration Bill (2) A person liable to be detained under paragraph (1) may be detained for such period as, in the opinion of the Secretary of State, is reasonably necessary to enable th...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 20
Section 69 of the Immigration Act 2016 is amended to include unaccompanied children within the definition of "relevant child" for the purpose of transferring responsibility.
Exemplar quote from bill: ...5 of the Scottish Parliament; (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation. Illegal Migration Bill 25 20 Transfer of children between local authorities ...(1) Section 69 of the Immigration Act 2016 (transfer of responsibility for relevant children) is amended as follows.... (2) In subsection (9) (definition of “relevant child”)— (a) omit the “or” at the end of paragraph (b), and 5 (b) after paragraph (c) insert “, or (d) an unaccompanied child, within the meaning of the...
- ‼️ Education
  (Variously affected)
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 26
Regulations made under section 25(3)(c) must be approved by both Houses of Parliament, unless the regulations are deemed urgent by the Secretary of State.
Exemplar quote from bill: ...n (1), (b) by regulations under subsection (3)(a), or (c) on the expiry of the period specified in regulations under subsection (3)(b) or (c). 26 Procedure for certain regulations under section 25 30 ...(1) A statutory instrument containing (whether alone or with other provision) regulations under section 25(3)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.... (2) Subsection (1) does not apply to regulations that contain a statement that the 35 Secretary of State considers that there is an urgent need to make the regulations without the approval required b...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Section 27
Amendments are made to the Modern Slavery Act 2015 and the Human Trafficking and Exploitation (Scotland) Act 2015 to state that certain sections are subject to the provisions relating to support in the Illegal Migration Act 2023.
Exemplar quote from bill: ...f subsection (4) that does not— (a) affect the validity of anything previously done under the regulations, or (b) prevent the making of new regulations. 10 27 Amendments relating to sections 21 to 24 ...(1) In section 50A of the Modern Slavery Act 2015 (identified potential victims of slavery or human trafficking: assistance and support) (as inserted by section 64 of the Nationality and Borders Act 2022), after subsection (5) insert— “(5A) This section is subject to section 22 of the Illegal Migration Act 2023 (provisions relating to support: England and Wales).”...).” (2) The Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) is amended in accordance with subsections (3) and (4). (3) 20 In section 9 (human trafficking: support and assistance), afte...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
section 40
Specifies that a "serious harm suspensive claim" is not considered a "human rights claim" and therefore does not have the right of appeal under certain sections of the Nationality, Immigration and Asylum Act.
Exemplar quote from bill: ...ples of what is or is not to be treated as serious and irreversible harm. (3) Regulations under subsection (1) may make consequential amendments to this Act. 40 Relationship with other proceedings (1)...(1) A “serious harm suspensive claim” made under this Act is not a “human rights claim” for the purposes of the Nationality, Immigration and Asylum Act 2002 or the Nationality and Borders Act 2022. (2) Accordingly no right of appeal under section 82(1)(a) or (b) of the Nationality, Immigration and Asylum Act 2002 (appeal against refusal of protection claim or human rights claim) arises in relation to any decision of the Secretary of State made under section 41 (serious harm suspensive claims), 45 (out of time claims) or 47 (new matters) of this Act in respect of a serious harm suspensive claim....im. (3) The making of a serious harm suspensive claim by a person (or the possibility 25 of a person making such a claim) does not affect any ability of the person to make a human rights claim in rela...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
section 44
Allows a person to apply for permission to appeal to the Upper Tribunal against a decision to refuse a suspensive claim that has been certified as clearly unfounded.
Exemplar quote from bill: ...c) for provision about the only right of appeal against a decision of the Upper Tribunal under this section. 44 Permission to appeal in relation to suspensive claims certified as clearly 30 unfounded ...(1) This section applies if— (a) a person makes a suspensive claim, (b) 35 the Secretary of State makes a decision under section 41(2)(b) or 42(2)(b) (refusal of suspensive claim) in relation to the claim, and (c) the Secretary of State has certified the claim as clearly unfounded under section 41(3) or (as the case may be) 42(3). (2) The person may not appeal to the Upper Tribunal against the decision mentioned in subsection (1)(b), but they may apply to the Upper Tribunal for permission to appeal to the Upper Tribunal against the decision....on. 46 Illegal Migration Bill (3) In relation to a serious harm suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsection (2) only if ...
- ‼️ Human Rights
  (Variously affected)
- 🟠 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 52
The amendment allows the Secretary of State to certify that an appeal or application for permission to appeal may not be brought or continued if the decision was made based on information that should not be made public in the interests of national security, the relationship between the UK and another country, or the public interest.
Exemplar quote from bill: ...ration Appeals Commission (1) This section applies where the Secretary of State makes a decision under 15 section 41(2)(b) or 42(2)(b) (refusal of suspensive claim) in relation to a suspensive claim. ...(2) An appeal under section 43, or an application for permission to appeal under section 44, in relation to the decision may not be brought or continued if the Secretary of State acting in person certifies that the decision was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public— (a) in the interests of national security, (b) 25 in the interests of the relationship between the United Kingdom and another country, or (c) otherwise in the public interest....st. (3) Where a certificate is issued under subsection (2), any pending appeal, or application for permission to appeal, in relation to the decision lapses. (4) The Special Immigration Appeals Commiss...
- ‼️ Justice System
  (Variously affected)
- ‼️ National Security
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Introduction
The Act aims to prevent and deter unlawful migration by removing individuals who enter or arrive in the UK in breach of immigration control.
Exemplar quote from bill: ... and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Introduction 1 Introduction (1) ...The purpose of this Act is to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by requiring the removal from the United Kingdom of certain persons who enter or arrive in the United Kingdom in breach of immigration control....l. (2) To advance that purpose, this Act— (a) places a duty on the Secretary of State to make arrangements for the 10 removal of certain persons who enter or arrive in the United Kingdom in breach of ...
- ‼️ National Security
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Duty to make arrangements for removal
The Secretary of State is required to make arrangements for the removal of individuals who meet specific conditions.
Exemplar quote from bill: ...Act 1998 (interpretation of legislation) does not apply in relation to provision made by or by virtue of this Act. Duty to make arrangements for removal 2 Duty to make arrangements for removal 40 (1) ...The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the person meets the following four conditions.... (2) The first condition is that— 2 Illegal Migration Bill (a) the person requires leave to enter the United Kingdom, but has entered the United Kingdom— (i) without leave to enter, or (ii) 5 with le...
- ‼️ National Security
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Disregard of certain claims, applications etc
The duty to make arrangements for removal applies regardless of whether the person makes a protection claim, human rights claim, claims to be a victim of slavery or human trafficking, or makes an application for judicial review.
Exemplar quote from bill: ...d Asylum Act 2002; “national” includes citizen; “protection claim” has the meaning given by section 82(2) of that Act. 40 Illegal Migration Bill 5 4 Disregard of certain claims, applications etc (1) ...The duty in section 2(1) or the power in section 3(2) applies in relation to a person who meets the four conditions in section 2 regardless of whether— (a) the person makes a protection claim, (b) the person makes a human rights claim, (c) the person claims to be a victim of slavery or a victim of human trafficking as defined by regulations made by the Secretary of State under section 69 of the Nationality and Borders Act 2022, or (d) the person makes an application for judicial review in relation to their removal from the United Kingdom under this Act.... Act. (2) If a person who meets the four conditions in section 2 makes a protection claim, or a human rights claim within subsection (5), the Secretary of State must declare the claim inadmissible (an...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Removal for the purposes of section 2 or 3
The Secretary of State must make removal arrangements as soon as reasonably practicable after a person's entry or arrival in the UK or after they cease to be an unaccompanied child.
Exemplar quote from bill: ...rch 2023, and (b) 40 that has not been decided by the Secretary of State on the date on which this section comes into force. 6 Illegal Migration Bill 5 Removal for the purposes of section 2 or 3 (1) ...Where the Secretary of State is required by section 2(1) to make arrangements for the removal of a person from the United Kingdom, the Secretary of State must ensure that the arrangements are made— (a) as soon as is reasonably practicable after the person’s entry or arrival in the United Kingdom, or (b) where the person has ceased to be an unaccompanied child, as soon as is reasonably practicable after the person has ceased to be an unaccompanied child....d. (2) The following provisions of this section apply where— 10 (a) the Secretary of State is required by section 2(1) to make arrangements for the removal of a person (“P”) from the United Kingdom, o...
- ‼️ National Security
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection 8
Establishes criteria for determining if a person can avail themselves of protection from persecution.
Exemplar quote from bill: ...or the purposes of this Act. (7) 25 Any pain or distress resulting from a medical treatment that is available to P in the United Kingdom not being available to P in the relevant country or territory. ...(8) For the purposes of subsections (4) and (5)— (a) protection from persecution can be provided by— (i) the government of the relevant country or territory, or (ii) any party or organisation, including any international 30 organisation, controlling the relevant country or territory or a substantial part of it; (b) P is to be taken to be able to avail themselves of protection from persecution if— (i) the government, party or organisation mentioned in paragraph 35 (a) takes reasonable steps to prevent the persecution by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution, and (ii) P is able to access the protection.... (9) In this section “relevant period” means the total period of time that it would 40 take— (a) for P to make a human rights claim in relation to P’s removal from the United Kingdom under this Act (s...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
section 41
Establishes the process for making a serious harm suspensive claim and the factors to be considered by the Secretary of State in making a decision on the claim.
Exemplar quote from bill: ...nd Asylum Act 2002, after 40 ”Part” insert “and in section 40(4) of the Illegal Migration Act 2023 (relationship with other proceedings)”. Illegal Migration Bill 43 41 Serious harm suspensive claims ...(1) This section applies where, within the claim period, a person makes a serious harm suspensive claim to the Secretary of State. (2) The Secretary of State must, before the end of the decision period, consider the claim and make one of the following decisions— (a) that the serious harm condition is met in relation to the person, or (b) that the serious harm condition is not met in relation to the person. (3) If the Secretary of State makes a decision under subsection (2)(b), the Secretary of State may also certify that the claim is clearly unfounded (see sections 43(1)(c) and 44 (appeals)). (4) In considering a serious harm suspensive claim, the Secretary of State must take into account the following factors— (a) any assurances given by the government of the country or territory specified in the removal notice; (b) any support and services (including in particular medical services) 15 provided by that government; (c) in circumstances where it is reasonable to expect a person to have provided certain evidence and they have not done so, the fact that the person has not provided such evidence. (5) A claim under subsection (1) must— 20 (a) contain compelling evidence that the serious harm condition is met in relation to the person, (b) contain the prescribed information, and (c) be made in the prescribed form and manner. In this subsection “prescribed” means prescribed in regulations made by the 25 Secretary of State....tate. (6) Before the end of the claim period or the decision period in relation to a serious harm suspensive claim, the Secretary of State may, by notice to the 30 person concerned, extend the period ...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
section 42
Establishes the process for making a factual suspensive claim and the factors to be considered by the Secretary of State in making a decision on the claim.
Exemplar quote from bill: ...on mentioned 40 in section 45(3) or is given notice of the determination of the Upper Tribunal mentioned in section 45(6) (as the case may be). 44 Illegal Migration Bill 42 Factual suspensive claims ...(1) This section applies where, within the claim period, a person makes a factual suspensive claim to the Secretary of State. (2) The Secretary of State must, before the end of the decision period, consider the claim and make one of the following decisions— (a) that a mistake of fact was made in deciding that the person met the removal conditions, or (b) that a mistake of fact was not made in deciding that the person met such conditions. (3) If the Secretary of State makes a decision under subsection (2)(b), the Secretary 10 of State may also certify that the claim is clearly unfounded (see sections 43(1)(c) and 44 (appeals)). (4) In considering a factual suspensive claim in circumstances where it is reasonable to expect a person to have provided certain evidence and they have not done so, the Secretary of State must take into account the fact that the person has not provided such evidence. (5) A claim under subsection (1) must— (a) contain compelling evidence that the Secretary of State or an immigration officer made a mistake of fact in deciding that the person met the removal conditions, (b) contain the prescribed information, and (c) be made in the prescribed form and manner. In this subsection “prescribed” means prescribed in regulations made by the Secretary of State....f State. (6) Before the end of the claim period or the decision period in relation to a 25 factual suspensive claim, the Secretary of State may, by notice to the person concerned, extend the period wh...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
section 43
Allows a person to appeal to the Upper Tribunal against a decision to refuse a suspensive claim.
Exemplar quote from bill: ...c) for provision about the only right of appeal against a decision of the Upper Tribunal under this section. 44 Permission to appeal in relation to suspensive claims certified as clearly 30 unfounded ...(1) This section applies if— (a) a person makes a suspensive claim, (b) the Secretary of State makes a decision under section 41(2)(b) or 42(2)(b) (refusal of suspensive claim) in relation to the claim, and (c) the Secretary of State has not certified the claim as clearly unfounded under section 41(3) or (as the case may be) 42(3). (2) The person may appeal to the Upper Tribunal against the decision mentioned 5 in subsection (1)(b). (3) An appeal under subsection (2) must be brought on the ground that— (a) in the case of a serious harm suspensive claim, the serious harm condition is met in relation to the person; (b) in the case of a factual suspensive claim, the Secretary of State or an 10 immigration officer made a mistake of fact in deciding that the person met the removal conditions, and the notice of appeal must contain compelling evidence of such ground.... the risk mentioned in section 38(3) is obvious. 5 (4) In relation to a factual suspensive claim, the Upper Tribunal may grant permission to appeal in response to a person’s application under subsecti...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
section 45
Establishes the process for considering suspensive claims made after the claim period and allows for a declaration from the Upper Tribunal if there were compelling reasons for the late claim.
Exemplar quote from bill: ...) in relation to a decision of the Upper Tribunal on an application under this section. (8) See also section 50 (finality of certain decisions by the Upper Tribunal). 45 Suspensive claims out of time ...(1) This section applies if— (a) 25 a person makes a suspensive claim after the end of the claim period (see sections 41(7) and 42(7)) but before the person is removed from the United Kingdom under this Act, and (b) the person has not— (i) in the case of a serious harm suspensive claim, made a previous 30 serious harm suspensive claim in relation to the same removal notice, or (ii) in the case of a factual suspensive claim, made a previous factual suspensive claim in relation to the same removal notice. (2) The Secretary of State must, before the end of the decision period, consider 35 whether there were compelling reasons for the person not to make the claim within the claim period. (3) If the Secretary of State decides that there were compelling reasons for the person not to make the claim within the claim period, the Secretary of State must consider the claim under section 41(2) (serious harm suspensive claims) or (as the case may be) 42(2) (factual suspensive claims). (4) If the Secretary of State decides that there were not compelling reasons for 40 the person not to make the claim within the claim period, the person may apply for a declaration from the Upper Tribunal that there were compelling reasons for the person not to make the claim within the claim period....im within the claim period. (5) An application under subsection (4) must— (a) 5 contain compelling evidence that there were compelling reasons for the person not to make the claim within the claim per...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
section 46
Prohibits the removal of a person from the UK during certain periods related to suspensive claims.
Exemplar quote from bill: ... appropriate to do so. (10) 20 In this section “decision period” means the period of 4 days beginning with the day on which the person makes the suspensive claim. 46 Suspensive claims: duty to remove ...(1) A person who has been given a removal notice may not be removed from the United Kingdom under this Act to the country or territory specified in the removal notice during any of the following periods— (a) where the person makes a suspensive claim before the end of the claim 25 period, before the Secretary of State makes a decision under section 41(2) (serious harm suspensive claim) or (as the case may be) 42(2) (factual suspensive claim) in relation to the claim; (b) 30 where section 45 (out of time claims) applies in relation to a suspensive claim made by the person, before the Secretary of State makes a decision under section 45(3) or (4) in relation to the claim; (c) where the Secretary of State makes a decision under section 45(4) in relation to a suspensive claim made by the person, before the process 35 for making an application to the Upper Tribunal under section 45(4) has been exhausted; (d) where the Secretary of State is required by section 45(3) or (6) (out of time claims) to consider a suspensive claim made by the person, before the Secretary of State makes a decision under section 41(2) or (as the case may be) 42(2) in relation to the claim; (e) where the Secretary of State makes a decision under section 41(2)(b) 40 or 42(2)(b) (refusal of suspensive claim) in relation to a suspensive claim made by the person, before the appeals process in relation to the decision has been exhausted.... 48 Illegal Migration Bill (2) Where— (a) the Secretary of State makes a decision under section 41(2)(a) or 42(2)(a) (acceptance of suspensive claim) in relation to a suspensive claim made by a perso...
- ‼️ Human Rights
  (Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
section 47
Allows the Upper Tribunal to consider new matters raised by a person during an appeal or application, subject to certain conditions.
Exemplar quote from bill: ...y appeal (see 30 sections 43, 44 and 52), be removed from the United Kingdom under this Act to the country or territory specified in the removal notice. 47 Upper Tribunal consideration of new matters ...(1) This section applies where the Upper Tribunal is considering— (a) an appeal by a person under section 43(2) (appeals in relation to suspensive claims), or (b) an application by a person under section 44(2) (permission to appeal: 35 claims certified as clearly unfounded), in relation to a decision of the Secretary of State under section 41(2)(b) or 42(2)(b) (refusal of suspensive claim). (2) 40 The Upper Tribunal may consider any matter which it considers relevant to the substance of the decision. (3) But the Upper Tribunal must not consider a new matter unless the condition in subsection (5) is met. (4) A matter is a “new matter” if— (a) it is raised by the person in the course of the appeal or application, and (b) the person did not provide details of the matter to the Secretary of 5 State before the end of the claim period for the suspensive claim (see sections 41(7) and 42(7)). (5) The condition in this subsection is that— (a) within the relevant period the Secretary of State has given the Upper Tribunal consent to consider the new matter, or (b) 10 where the Secretary of State has not given such consent within the relevant period, the Upper Tribunal determines that there were compelling reasons for the person not to have provided details of the matter to the Secretary of State before the end of the claim period. (6) The Secretary of State may provide consent under subsection (5)(a) only if 15 the Secretary of State considers that there were compelling reasons for the person not to have provided details of the matter before the end of the claim period. (7) In subsection (5) “relevant period” means the period of 3 working days beginning with the day after the day on which the new matter is raised by the person in the course of the appeal or application.... the appeal or application. (8) There is no right of appeal under section 13 of the Tribunals, Courts and 20 Enforcement Act 2007 (right of appeal to Court of Appeal etc) in relation to a decision of ...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
The proposed change inserts a new subsection (10A) into section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015. This new subsection states that section 18 is subject to section 24 of the Illegal Migration Act 2023, which contains provisions relating to support in Northern Ireland.
Exemplar quote from bill: ...lavery Act 2015 (identified potential victims of slavery or human trafficking: assistance and support) (as inserted by section 64 of the Nationality and Borders Act 2022), after subsection (5) insert—...“(10A) This section is subject to section 24 of the Illegal Migration Act 2023 (provisions relating to support: Northern Ireland).”...s).” (2) The Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) is amended in accordance with subsections (3) and (4). (3) 20 In section 9 (human trafficking: support and assistance), aft...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
The Nationality and Borders Act 2022
The proposed amendments add references to section 21 of the Illegal Migration Act 2023 in various sections of The Nationality and Borders Act 2022. These amendments ensure that the provisions relating to removal and leave in the Illegal Migration Act 2023 are taken into account in the context of identified potential victims of slavery or human trafficking.
Exemplar quote from bill: ...to section 24 of the Illegal Migration Act 2023 (provisions relating to support: Northern Ireland).” (6) The Nationality and Borders Act 2022 is amended in accordance with subsections (7) to (12). (7)..."In section 61(2) (identified potential victims of slavery or human trafficking: recovery period), after “section 63(2)” insert “and section 21 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”."...”. (8) In section 62(2) (identified potential victims of slavery or human trafficking: additional recovery period), after “section 63(2)” insert “and section 21 of the Illegal Migration Act 2023 (prov...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 65 (leave to remain for victims of slavery or human trafficking)
The proposed amendments add references to section 21 of the Illegal Migration Act 2023 in section 65 of The Nationality and Borders Act 2022. These amendments ensure that the provisions relating to removal and leave in the Illegal Migration Act 2023 are taken into account in the context of leave to remain for victims of slavery or human trafficking.
Exemplar quote from bill: ...tion Act 2023 (provisions relating to removal and leave).” (10) Section 65 (leave to remain for victims of slavery or human trafficking) is 5 amended in accordance with subsections (11) and (12). (11)..."In subsection (3), after “section 63(2)” insert “and section 21 of the Illegal Migration Act 2023 (provisions relating to removal and leave)”."...(12) After subsection (8) insert— “(8A) Section 21 of the Illegal Migration Act 2023 also makes provision about 10 the revocation of leave granted under subsection (2).” 28 Disapplication of modern sl...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 63 of the Nationality and Borders Act 2022
The proposed amendments modify section 63 of The Nationality and Borders Act 2022. These amendments change the discretionary "may" to a mandatory "must" in subsection (1), add a new subsection (2A) that prevents a competent authority from applying subsection (2) if there are compelling circumstances, and modify the criteria for disqualification from protection in subsection (3)(f) by adding additional conditions related to deportation and insanity.
Exemplar quote from bill: ...slavery provisions (1) Section 63 of the Nationality and Borders Act 2022 (identified potential victims 15 of slavery or human trafficking: disqualification from protection) is amended as follows. (2)..."In subsection (1)— (a) for “may” substitute “must”, and (b) after paragraph (b) insert— “This is subject to subsection (2A).”"...(3) After subsection (2) insert— 20 “(2A) A competent authority may not determine that subsection (2) is to apply to a person if the competent authority considers that there are compelling circumstanc...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
The Immigration Act 1971
The proposed amendments modify The Immigration Act 1971. These amendments add a new paragraph (d) to section 8(1) to include the condition of meeting the four conditions in section 2 of the Illegal Migration Act 2023 as an exception for seamen, aircrews, and other special cases. Additionally, a new section 8AA is inserted, which states that a person who has ever met the four conditions in section 2 of the Illegal Migration Act 2023 is ineligible for leave to enter and remain, entry clearance, and ETA, except for limited leave given under the immigration rules to unaccompanied children or limited leave to remain for victims of slavery or human trafficking.
Exemplar quote from bill: ...coming into force of the provision making the amendment. Entry, settlement and citizenship 29 Entry into and settlement in the United Kingdom 25 (1) The Immigration Act 1971 is amended as follows. (2)..."In section 8(1) (exceptions for seamen, aircrews and other special cases), at the end of paragraph (c) insert “or (d) the person has ever met the four conditions in section 2 of the Illegal Migration Act 2023 (conditions relating to removal from the United Kingdom);”."...”. (3) After section 8A, insert— “8AA Persons ineligible for leave to enter and remain, entry clearance and ETA (1) This section applies in relation to a person who has ever met the four 35 conditions...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
The Immigration Act 1971
The proposed amendments modify The Immigration Act 1971. These amendments add new subsections to sections 6, 10, and 13, stating that these sections are subject to sections 30, 31, and 35 of the Illegal Migration Act 2023, which restrict eligibility for citizenship.
Exemplar quote from bill: ...nection with Gibraltar), at the beginning insert “Subject to sections 30, 31 and 35 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc),”. Illegal Migration Bill 39 (6)..."In section 6 (acquisition of British citizenship by naturalisation), after subsection (2) insert— “(3) This section is subject to sections 30, 31 and 35 of the Illegal Migration Act 2023 (restriction of eligibility for citizenship etc).”"...(7) In section 10 (registration as British citizen following renunciation of citizenship 5 of UK etc), after subsection (4) insert— “(5) This section is subject to sections 30, 31 and 35 of the Illega...
- ‼️ Human Rights
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
59 Cap on number of entrants using safe and legal routes
This new section requires the Secretary of State to make regulations that specify the maximum number of persons who may enter the UK annually using safe and legal routes. The Secretary of State must consult with representatives of local authorities and other relevant persons or bodies before making the regulations.
Exemplar quote from bill: ...a resolution of either House of Parliament.” (4) In the heading to Part 4A, after “Asylum” insert “and Human Rights”. Safe and legal routes 35 59 Cap on number of entrants using safe and legal routes ...(1) The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually using safe and legal routes (see subsection (7)). (2) Before making the regulations the Secretary of State must consult— 40 (a) such representatives of local authorities, and (b) such other persons or bodies, as the Secretary of State considers appropriate....tate considers appropriate. (3) 5 But the duty to consult does not apply where the Secretary of State considers that the number needs to be changed as a matter of urgency. (4) The Secretary of State m...
- ‼️ Social Welfare
  (Variously affected)
- ‼️ Political Power
  (Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
60 Report on safe and legal routes
This new section requires the Secretary of State to prepare and publish a report on safe and legal routes by which persons may enter the UK. The report must be laid before Parliament.
Exemplar quote from bill: ... (Scotland) Act 1994, and (c) in Northern Ireland, a district council; “safe and legal route” means a route specified in regulations made by the Secretary of State. 60 Report on safe and legal routes ...(1) The Secretary of State must, before the end of the relevant period— 30 (a) prepare and publish a report on safe and legal routes by which persons may enter the United Kingdom, and (b) lay the report before Parliament.... (2) The report must— (a) contain details of the safe and legal routes by which persons may 35 enter the United Kingdom when the report is published, (b) contain details of any proposed additional saf...
- ‼️ Social Welfare
  (Variously affected)
- ‼️ Political Power
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
section 57 Age assessments: power to make provision about refusal to consent to scientific methods
This new section grants the Secretary of State the power to make regulations regarding the refusal to consent to the use of specified scientific methods for age assessments. The regulations may specify that the refusal does not damage credibility and that the person is to be treated as if they were over the age of 18.
Exemplar quote from bill: ...al Migration Act 2023 (age assessments relating to removal under that Act), and”. Illegal Migration Bill 59 57 Age assessments: power to make provision about refusal to consent to scientific methods ...(1) The Secretary of State may make regulations about the effect of a decision by a relevant person (“P”) not to consent to the use of a specified scientific method for the purposes of an age assessment of P where there are no reasonable grounds for P’s decision. (2) The regulations may provide that, in the circumstances set out in the regulations— (a) 10 section 52(7) of the Nationality and Borders Act 2022 (refusal to consent to scientific methods to be taken to damage credibility) does not apply, and (b) P is to be treated as if the decision-maker had decided that P was over the age of 18....8. (3) In this section— “age assessment” means an assessment under section 50 or 51 of the 15 Nationality and Borders Act 2022; “decision-maker” and “specified scientific method” have the same meaning...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 Section 14
This section grants immigration officers the power to search a relevant person if they have reasonable grounds to suspect that the person is in possession of a relevant article.
Exemplar quote from bill: ...lude the purpose of performing the functions of an “appropriate adult” for the purposes of this Schedule. Illegal Migration Bill 71 Schedule 2—Electronic devices etc Power to search relevant persons ...3 An immigration officer may search a relevant person for any relevant article, if the officer has reasonable grounds to suspect that the relevant person is in possession of a relevant article.... (1) (2) The power of an immigration officer under this paragraph to search a 5 person— (a) authorises the search of their mouth; (b) authorises the officer to require the person to remove an outer co...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 Section 14
This section grants immigration officers the power to search a vehicle or container if they have reasonable grounds to suspect that a relevant article that is or has been in the possession of a relevant person is in the vehicle.
Exemplar quote from bill: ...pears to the person carrying out the search that the 25 person searched is under the age of 18, an appropriate adult is present when the search is carried out. Power to search vehicles and containers ...4 An immigration officer may search a vehicle or container listed in sub-paragraph (2) for any relevant article, if the officer has reasonable grounds to suspect that a relevant article that is or has been in the possession of a relevant person is in the vehicle....ehicle. (2) The vehicles and containers referred to in sub-paragraph (1) are— (a) a vehicle or container in which the relevant person was when encountered by an immigration officer or constable; (b) 3...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 Section 14
This section grants immigration officers the power to seize any relevant article that is found on a search under this Schedule or appears to be, or have been, in the possession of a relevant person.
Exemplar quote from bill: ...on. (1) (2) An immigration officer may search the property for any relevant article if 15 the officer has reasonable grounds to suspect that the property includes a relevant article. Power of seizure ...7 An immigration officer may seize any relevant article that— (a) is found on a search under this Schedule, or 20 (b) appears to the officer to be, or have been, in the possession of a relevant person.... Power of retention 8 (1) A relevant article seized under paragraph 7— (a) may be retained by an immigration officer or the Secretary of State, 25 for so long as the officer or Secretary of State cons...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 Section 14
This section states that a relevant article seized under paragraph 7 may be retained by an immigration officer or the Secretary of State for as long as necessary for a purpose relating to a relevant function, and must be returned when it ceases to be retained.
Exemplar quote from bill: ...cer may seize any relevant article that— (a) is found on a search under this Schedule, or 20 (b) appears to the officer to be, or have been, in the possession of a relevant person. Power of retention ...8 (1) A relevant article seized under paragraph 7— (a) may be retained by an immigration officer or the Secretary of State, 25 for so long as the officer or Secretary of State considers its retention necessary for a purpose relating to a relevant function; (b) must, subject to any provision made under sub-paragraph (2), be returned when it ceases to be retained under this paragraph.... (2) The Secretary of State may by regulations make, in relation to a relevant 30 article retained under sub-paragraph (1)— (a) provision applying (with or without modifications) section 49 of the Imm...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 Section 14
This section grants the Secretary of State or an immigration officer the power to access, examine, copy, retain, and use any information stored on a relevant article that is retained under paragraph 8 for any purpose relating to a relevant function.
Exemplar quote from bill: ...2016 (duty to pass on certain seized items), or (b) 35 provision corresponding, or similar, to the provision made by that section. Power to access, copy and use information stored on relevant article ...9 The Secretary of State or an immigration officer may— (a) access and examine any information stored on a relevant article that is retained under paragraph 8; (b) copy and retain any relevant information that is stored on the relevant article; (c) use any information retained under paragraph (b) for any purpose relating to a relevant function....aragraph (b) for any purpose relating to a relevant function. Relevant articles containing items subject to legal privilege 5 10 The Secretary of State may by regulations make provision about relevant...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 Section 14
This section grants the Secretary of State the power to make regulations that include references to a person of a specified description as an immigration officer and allow them to use reasonable force in the exercise of any function conferred by virtue of the regulations.
Exemplar quote from bill: ...r Part 2 of the Criminal Justice and Police Act 2001 (powers of seizure); (c) 15 provision corresponding, or similar, to any provision made by or under that Part. Extension of powers to other persons ...11 (1) The Secretary of State may by regulations provide— (a) that references in this Schedule to an immigration officer include a person of a description specified in the regulations; (b) that a person of a description so specified may, if necessary, use 20 reasonable force in the exercise of any function conferred by virtue of the regulations.... (2) The descriptions of person that may be specified in the regulations include 25 persons designated by the Secretary of State, in accordance with the regulations. If they do so, the regulations mus...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Unaccompanied children and power to provide for exceptions
The duty to make arrangements for removal does not apply to unaccompanied children.
Exemplar quote from bill: ... the person, so far as they have effect by virtue of section 21 of this Act (modern slavery provisions relating to removal and leave). 3 Unaccompanied children and power to provide for exceptions (1) ...The duty in section 2(1) does not require the Secretary of State to make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child....ld. (2) The Secretary of State may make arrangements for the removal of a person from the United Kingdom at a time when the person is an unaccompanied child. (3) The power in subsection (2) may be exe...
- ‼️ Child Welfare
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (7) or (9)
The proposed change adds a condition for subsection (7) or (9) to have effect in relation to a person (P) and a listed country or territory. The Secretary of State must be satisfied that P is within the description of person listed in Schedule 1.
Exemplar quote from bill: ...ay not be removed to a country or territory within subsection (3)(a) or (b); and P may be removed to a country or territory within subsection (3)(c) or (d) only if it is listed in Schedule 1. (10) 25 ...Where a country or territory is listed in Schedule 1 in respect of a description of person, subsection (7) or (9) has effect in relation to P and that country or territory only if the Secretary of State is satisfied that P is within that description.... (11) Where a part of a country or territory is listed in Schedule 1, references to a 30 country or territory in subsections (7), (9) and (10) have effect in relation to that country or territory as i...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (14)
The proposed change specifies that if the Secretary of State adds a State to the list in subsection (1) of section 80AA of the Nationality, Immigration and Asylum Act 2002, subsections (4), (6), and (7) will apply to individuals who are nationals of that State or have obtained a passport or other document of identity in that State, provided they have made a protection claim or a human rights claim on or after 7 March 2023 and the claim has not been decided by the Secretary of State on the date of the amendment.
Exemplar quote from bill: ... the 35 Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom. (14) 40 ...Where the Secretary of State exercises the power in subsection (2) of section 80AA of the Nationality, Immigration and Asylum Act 2002 to amend the list of States in subsection (1) of that section so as to add a State, subsections (4), (6) and (7) apply to a person who is a national of that State, or who has obtained a passport or other document of identity in that State, if— (a) they have made a protection claim or a human rights claim on or after 7 March 2023, and (b) the claim has not been decided by the Secretary of State on the date on which the amendment comes into force....mendment comes into force. 6 Powers to amend Schedule 1 5 (1) The Secretary of State may by regulations amend Schedule 1 to add a country or territory, or part of a country or territory, if satisfied ...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (1)
The proposed change grants the Secretary of State the power to amend Schedule 1 by adding a country or territory, or part of a country or territory, if satisfied that there is no serious risk of persecution in that place and removal of persons to that place will not violate the United Kingdom's obligations under the Human Rights Convention.
Exemplar quote from bill: ...a human rights claim on or after 7 March 2023, and (b) the claim has not been decided by the Secretary of State on the date on which the amendment comes into force. 6 Powers to amend Schedule 1 5 (1) ...The Secretary of State may by regulations amend Schedule 1 to add a country or territory, or part of a country or territory, if satisfied that there is no serious risk of persecution in that country or territory and removal of persons to that country or territory will not contravene the United Kingdom's obligations under the Human Rights Convention....ot in general contravene the United Kingdom’s obligations under the Human Rights Convention. (2) If the Secretary of State is satisfied that the statements in subsection (1)(a) 15 and (b) are true of ...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2)
The proposed change allows regulations to add a country or territory, or part of a country or territory, to Schedule 1 if the Secretary of State is satisfied that the statements in subsection (1)(a) and (b) are true for that place in relation to a specific description of person.
Exemplar quote from bill: ...emoval of persons to that country or territory, or part, pursuant to 10 the duty in section 2(1) will not in general contravene the United Kingdom’s obligations under the Human Rights Convention. (2) ...If the Secretary of State is satisfied that the statements in subsection (1)(a) and (b) are true of a country or territory, or part of a country or territory, in relation to a description of person, regulations may add the country or territory or part to Schedule 1 in respect of that description of person....t description of person. (3) A description for the purposes of subsection (2) may refer to— (a) sex, (b) language, 20 (c) race, (d) religion, (e) nationality, (f) membership of a social or other group...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (4)
The proposed change outlines the factors the Secretary of State must consider when determining whether the statements in subsection (1)(a) and (b) are true for a country or territory, or part of a country or territory. The Secretary of State must consider all the circumstances of the place, including its laws and their application, and must take into account information from any appropriate source, including member States and international organizations.
Exemplar quote from bill: ...ace, (d) religion, (e) nationality, (f) membership of a social or other group, (g) political opinion, or 25 (h) any other attribute or circumstance that the Secretary of State thinks appropriate. (4) ...In deciding whether the statements in subsection (1)(a) and (b) are true of a country or territory, or part of a country or territory, the Secretary of State must have regard to all the circumstances of the country or territory, or part (including its laws and how they are applied), and must have regard to information from any appropriate source (including member States and international organisations)....anisations). (5) 35 The Secretary of State may by regulations amend Schedule 1 to omit a country or territory, or part of a country or territory; and the omission may— (a) be general, or (b) have the ...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (5)
The proposed change allows the Secretary of State to amend Schedule 1 by removing a country or territory, or part of a country or territory. The removal can be general or can result in the country or territory, or part, remaining listed in Schedule 1 for a specific description of person.
Exemplar quote from bill: ...ritory, 30 or part (including its laws and how they are applied), and (b) must have regard to information from any appropriate source (including member States and international organisations). (5) 35 ...The Secretary of State may by regulations amend Schedule 1 to omit a country or territory, or part of a country or territory; and the omission may be general, or have the effect that the country or territory, or part, remains listed in Schedule 1 in respect of a description of person....f person. 7 Further provisions about removal (1) This section applies where— 40 Illegal Migration Bill 9 (a) the Secretary of State is required by section 2(1) to make arrangements for the removal of...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (2)
The proposed change establishes that a person (P) may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has provided written notice to P stating the decision to remove and the country or territory to which P will be removed. Additionally, the condition in subsection (3) must be met.
Exemplar quote from bill: ...ements for the removal of a person (“P”) from the United Kingdom, or (b) the Secretary of State may make arrangements for the removal of a person (“P”) from the United Kingdom under section 3(2). (2) ...P may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has given a notice in writing to P stating that P is to be removed and the country or territory to which P is to be removed, and the condition in subsection (3) is met....subsection (3) is met. 10 (3) The condition in this subsection is that— (a) the claim period for any suspensive claim that may be made by P has expired, or (b) 15 P has notified the Secretary of State...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (3)
The proposed change establishes the condition for removal, which is that either the claim period for any suspensive claim has expired or P has notified the Secretary of State orally or in writing that they do not intend to make a suspensive claim.
Exemplar quote from bill: ... officer has given a notice in writing to P stating— (i) that P is to be removed, and (ii) the country or territory to which P is to be removed, and (b) the condition in subsection (3) is met. 10 (3) ...The condition in this subsection is that the claim period for any suspensive claim that may be made by P has expired, or P has notified the Secretary of State orally or in writing that P does not intend to make a suspensive claim....pensive claim. (4) The giving of a notification by P under subsection (3)(b) does not affect any ability of P to make a suspensive claim before P is removed from the United Kingdom under this Act (and...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (4)
The proposed change clarifies that if P provides a notification under subsection (3)(b) indicating that they do not intend to make a suspensive claim, it does not affect their ability to make such a claim before being removed from the United Kingdom. If P does make a suspensive claim, sections 37 to 52 of the Act will apply to the claim.
Exemplar quote from bill: ... claim period for any suspensive claim that may be made by P has expired, or (b) 15 P has notified the Secretary of State (orally or in writing) that P does not intend to make a suspensive claim. (4) ...The giving of a notification by P under subsection (3)(b) does not affect any ability of P to make a suspensive claim before P is removed from the United Kingdom under this Act. If P makes such a claim, sections 37 to 52 apply in relation to the claim....on to the claim). (5) But where P has been removed from the United Kingdom under this Act 20 following such a notification, P may not make a suspensive claim (regardless of whether the claim period ha...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (5)
The proposed change states that if P has been removed from the United Kingdom after providing a notification under subsection (3)(b), they are not allowed to make a suspensive claim, even if the claim period has not expired.
Exemplar quote from bill: ...any ability of P to make a suspensive claim before P is removed from the United Kingdom under this Act (and accordingly if P makes such a claim, sections 37 to 52 apply in relation to the claim). (5) ...But where P has been removed from the United Kingdom under this Act following such a notification, P may not make a suspensive claim, regardless of whether the claim period has expired....ed). (6) A notice under subsection (2)(a) must— (a) 25 contain details of any right P has to make a suspensive claim under this Act, and (b) set out the claim period for any such suspensive claim. (7)...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (8)
The proposed change grants the Secretary of State the power to give directions to the owners or agents of a ship, aircraft, train, or vehicle, requiring them to make arrangements for P's removal from the United Kingdom in a specified mode of transportation to a specified country or territory. This power is subject to section 5.
Exemplar quote from bill: ...ements for the removal of a person (“P”) from the United Kingdom, or (b) the Secretary of State may make arrangements for the removal of a person (“P”) from the United Kingdom under section 3(2). (3) ...Subject to section 5, the Secretary of State may give directions to the owners or agents of a ship, aircraft, train, or vehicle requiring them to make arrangements for P's removal from the United Kingdom in any specified ship, aircraft, train, or vehicle to a specified country or territory....or territory in which P embarked for the United Kingdom, 20 or (d) a country or territory to which there is reason to believe P will be admitted. (4) 25 If P is a national of a country listed in secti...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 39
Allows the Secretary of State to amend the definition of "serious and irreversible harm" and make consequential amendments to the Act.
Exemplar quote from bill: ...al Migration Bill (c) for any application for judicial review in relation to a decision of the Secretary of State to refuse the claim to be exhausted. 39 Meaning of “serious and irreversible harm” (1...(1) The Secretary of State may by regulations amend section 38 to make provision about the meaning of “serious and irreversible harm” for the purposes of this Act. (2) Regulations under subsection (1) may in particular— (a) define any aspect of serious and irreversible harm; (b) give examples of what is or is not to be treated as serious and irreversible harm. (3) Regulations under subsection (1) may make consequential amendments to this Act....ct. 40 Relationship with other proceedings (1) 15 A “serious harm suspensive claim” made under this Act is not a “human rights claim” for the purposes of the Nationality, Immigration and Asylum Act 20...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
section 48
Specifies the time limits for filing an appeal or application for permission to appeal to the Upper Tribunal.
Exemplar quote from bill: ...l to make or not to make a determination under subsection (5)(b). (9) See also section 50 (finality of certain decisions by the Upper Tribunal). 48 Appeals in relation to suspensive claims: timing 25 ...(1) Tribunal Procedure Rules must secure that in relation to an appeal under section 43(2) (appeal against decision to refuse suspensive claim)— (a) the notice of appeal must be given to the Upper Tribunal within the period of 7 working days beginning with— (i) the day on which the appellant was given notice of the decision 30 against which the appeal is brought, or (ii) where permission to appeal has been granted under section 44(2), the day on which the appellant was given notice of the Upper Tribunal’s decision to grant such permission; (b) the Upper Tribunal must make a decision on the appeal, and give 35 notice of that decision to the parties, within the period of 23 working days beginning with the day on which the appellant gave notice of appeal to the Upper Tribunal. (2) 40 Tribunal Procedure Rules must secure that in relation to an application for permission to appeal under section 44(2) (permission to appeal: claims certified as clearly unfounded)— (a) the application must be made to the Upper Tribunal within the period of 7 working days beginning with the day on which the applicant was 50 Illegal Migration Bill given notice that the Secretary of State had certified the person’s suspensive claim as clearly unfounded; (b) the Upper Tribunal must determine the application, and give notice 5 of that determination to the parties, within the period of 7 working days beginning with the day on which the application was made to the Upper Tribunal.... (3) Tribunal Procedure Rules must secure that in relation to an application for a declaration under section 45(4) (out of time claims)— (a) 10 the application must be made to the Upper Tribunal withi...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 22
The amendment specifies the time period within which an application for a declaration under section 45(4) must be made to the Upper Tribunal and the time period within which the Upper Tribunal must determine the application.
Exemplar quote from bill: ... determine the application, and give notice 5 of that determination to the parties, within the period of 7 working days beginning with the day on which the application was made to the Upper Tribunal. ...(3) Tribunal Procedure Rules must secure that in relation to an application for a declaration under section 45(4) (out of time claims)— (a) 10 the application must be made to the Upper Tribunal within the period of 7 working days beginning with the day on which the applicant was given notice of the decision in relation to which the application is brought; (b) the Upper Tribunal must determine the application, and give notice 15 of that determination to the parties, within the period of 7 working days beginning with the day on which the application was made to the Upper Tribunal.... (4) But Tribunal Procedure Rules must— (a) secure that the Upper Tribunal may, if it is satisfied that it is the only 20 way to secure that justice is done in a particular case, order that any period...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 22
The amendment allows the Upper Tribunal to extend the time period mentioned in subsection (1), (2), or (3) if it is necessary to ensure justice is done in a particular case. It also allows the Upper Tribunal to extend the time period by up to 3 working days if a new matter is raised during the appeal or application.
Exemplar quote from bill: ...determine the application, and give notice 15 of that determination to the parties, within the period of 7 working days beginning with the day on which the application was made to the Upper Tribunal. ...(4) But Tribunal Procedure Rules must— (a) secure that the Upper Tribunal may, if it is satisfied that it is the only 20 way to secure that justice is done in a particular case, order that any period of time mentioned in subsection (1), (2) or (3) is to be extended to such period as the Upper Tribunal may order, and (b) without prejudice to paragraph (a), secure that the Upper Tribunal may order that any period of time mentioned in subsection (1)(b) or 25 (2)(b) is to be extended by a period of up to 3 working days where a new matter (within the meaning of section 47(4)) is raised in the course of the appeal or application.... 49 Procedure for Tribunal Procedure Rules (1) The first time after the passing of this Act that Tribunal Procedure Rules are 30 made for the purposes of any of sections 43 to 48 (appeals in relation ...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 49
The amendment allows the Lord Chancellor to make Tribunal Procedure Rules for appeals in relation to suspensive claims instead of the Tribunal Procedure Committee.
Exemplar quote from bill: ...e extended by a period of up to 3 working days where a new matter (within the meaning of section 47(4)) is raised in the course of the appeal or application. 49 Procedure for Tribunal Procedure Rules ...(1) The first time after the passing of this Act that Tribunal Procedure Rules are 30 made for the purposes of any of sections 43 to 48 (appeals in relation to suspensive claims), the Rules may be made by the Lord Chancellor rather than by the Tribunal Procedure Committee.... (2) Before making Tribunal Procedure Rules by virtue of subsection (1), the Lord Chancellor must consult— (a) the Senior President of Tribunals, (b) the Lord Chief Justice of England and Wales, 35 (c...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 50
The amendment requires the Lord Chancellor to consult with specific individuals before making Tribunal Procedure Rules.
Exemplar quote from bill: ...ules are 30 made for the purposes of any of sections 43 to 48 (appeals in relation to suspensive claims), the Rules may be made by the Lord Chancellor rather than by the Tribunal Procedure Committee. ...(2) Before making Tribunal Procedure Rules by virtue of subsection (1), the Lord Chancellor must consult— (a) the Senior President of Tribunals, (b) the Lord Chief Justice of England and Wales, 35 (c) the Lord President of the Court of Session, and (d) the Lord Chief Justice of Northern Ireland.... (3) The Lord Chancellor is not required to undertake any other consultation before making Tribunal Procedure Rules by virtue of subsection (1). (4) A requirement to consult under subsection (2) may b...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 52
The amendment establishes the jurisdiction of the Special Immigration Appeals Commission for appeals against refusal decisions under the Illegal Migration Act 2023.
Exemplar quote from bill: ...d under subsection (2), any pending appeal, or application for permission to appeal, in relation to the decision lapses. (4) The Special Immigration Appeals Commission Act 1997 is amended as follows. ...(5) After section 2 insert— 30 “2AA Jurisdiction: appeals in relation to the Illegal Migration Act 2023 (1) A person may appeal to the Special Immigration Appeals Commission against a refusal decision if— (a) 35 the person would, but for a certificate of the Secretary of State under section 52 of the Illegal Migration Act 2023 (Special Immigration Appeals Commission), be able to— (i) appeal against the decision under section 43 of that Act, or (ii) 40 apply for permission to appeal against the decision under section 44 of that Act, or... Illegal Migration Bill 53 (b) an appeal against the decision under section 43 of that Act, or an application for permission to appeal against the decision under section 44 of that Act, lapsed under ...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 53
The amendment restricts the power of the court or tribunal to grant an interim remedy that prevents or delays the removal of a person from the UK under the Act.
Exemplar quote from bill: ...of subsection (11)— (a) that does not affect the validity of anything previously 30 done under the rules, and (b) subsection (10) applies again as if the rules had not been made.” 53 Interim remedies ...(1) This section applies to any court proceedings relating to a decision to remove 35 a person from the United Kingdom under this Act (whether the proceedings involve consideration of Convention rights or otherwise). (2) Any power of the court or tribunal to grant an interim remedy (whether on an application of the person or otherwise) is restricted as follows. (3) The court or tribunal may not grant an interim remedy that prevents or delays, or that has the effect of preventing or delaying, the removal of the person from the United Kingdom in pursuance of the decision.... pursuance of the decision. (4) In this section— “Convention rights” has the same meaning as in the Human Rights Act 5 1998 (see section 1(1) of that Act); “court proceedings” means proceedings in any...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 54
The amendment allows a Minister of the Crown to determine that the duty to make arrangements for removal does not apply to a person and specifies that the decision is to be taken personally by the Minister of the Crown.
Exemplar quote from bill: ...pplies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person from the United Kingdom under, or purportedly under, this Act. ...(2) A Minister of the Crown may (but need not) determine that the duty in section 2(1) (duty to make arrangements for removal) is not to apply in relation to the person. (3) A decision as to whether or not to make a determination under subsection 20 (2) is to be taken personally by the Minister of the Crown.... (4) In considering whether to make a determination under subsection (2), the Minister may have regard to any matter that the Minister considers relevant, including in particular the matter in subsect...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 55
The amendment allows for legal aid to be provided to individuals subject to removal under the Illegal Migration Act 2023 for judicial review of a refusal of a human rights claim that arises from Article 2 or 3 of the Human Rights Convention.
Exemplar quote from bill: ...as to whether or not to make a determination under subsection (2). (10) In this section— “decision” includes any purported decision; “determination” includes any purported determination. 55 Legal aid ...(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 20 2012 (civil legal services) is amended as mentioned in subsections (2) to (4). (2) In Part 1 (services), in paragraph 19 (judicial review)— (a) after sub-paragraph (6) insert— “(6A) 25 Sub-paragraph (5) does not exclude services provided to an individual who is subject to removal to a third country under the Illegal Migration Act 2023, in relation to judicial review of a refusal of a human rights claim that— (a) arises from Article 2 or 3 of the Human Rights Convention, and (b) is made by the individual.”;... 30 (b) in sub-paragraph (10) insert at the appropriate places— ““human rights claim” has the meaning given by section 113 of the Nationality, Immigration and Asylum Act 2002;”; 35 ““the Human Rights ...
- ‼️ Justice System
  (Variously affected)
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
subsection 56
The amendment specifies that if a relevant authority decides the age of a person who meets the conditions in section 2, and the decision is made on an age assessment under the Nationality and Borders Act 2022, the person may not bring an appeal against the decision under section 54(2) of that Act.
Exemplar quote from bill: ...ion to any matter described in paragraph 31C of Part 1 of Schedule 1 to the Act (removal notices under the Illegal Migration Act 2023).” Age assessments etc 20 56 Decisions relating to a person’s age ...(1) This section applies if a relevant authority decides the age of a person (“P”) who meets the four conditions in section 2 (duty to make arrangements for removal), whether that decision is for the purposes of this Act or otherwise. (2) If the decision is made on an age assessment under section 50 or 51 of the 25 Nationality and Borders Act 2022, P may not bring an appeal against the decision under section 54(2) of that Act.... (3) Subsections (4) and (5) apply if P makes an application for judicial review of— (a) the decision mentioned in subsection (1), or 30 (b) any decision to make arrangements for the person’s removal ...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 54(6) (appeals relating to age assessments)
The amendment removes the "and" at the end of paragraph (a) and adds a new paragraph (c) that references section 56 of the Illegal Migration Act 2023.
Exemplar quote from bill: ...relation to a decision which is made after this section comes into force. (10) The Nationality and Borders Act 2022 is amended as follows. (11) In section 54(6) (appeals relating to age assessments)— ...(a) omit the “and” at the end of paragraph (a), and (b) at the end of paragraph (b) insert “, and (c) section 56 of the Illegal Migration Act 2023 (decisions 30 relating to a person’s age).”... (12) In section 56(1) (new information following age assessment or appeal), for paragraph (b) (and the “and” at the end of that paragraph) substitute— “(b) an appeal under section 54(2)— (i) could no...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
section 56(1) (new information following age assessment or appeal)
The amendment substitutes paragraph (b) with new sub-paragraphs (i), (ii), and (iii) that outline the circumstances under which an appeal under section 54(2) can no longer be brought.
Exemplar quote from bill: ...of paragraph (b) insert “, and (c) section 56 of the Illegal Migration Act 2023 (decisions 30 relating to a person’s age).” (12) In section 56(1) (new information following age assessment or appeal), ...for paragraph (b) (and the “and” at the end of that paragraph) substitute— “(b) an appeal under section 54(2)— (i) could no longer be brought (ignoring any possibility of 35 an appeal out of time), (ii) has been finally determined, or (iii) may not be brought as a result of section 56(2) of the 40 Illegal Migration Act 2023 (age assessments relating to removal under that Act), and”.... Illegal Migration Bill 59 57 Age assessments: power to make provision about refusal to consent to scientific methods (1) The Secretary of State may make regulations about the effect of a decision 5 ...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
58 Inadmissibility of certain asylum and human rights claims
The amendment expands the scope of Part 4A of the Nationality, Immigration and Asylum Act 2002 to include inadmissible human rights claims. It also replaces the term "member State" with "State listed in section 80AA(1)".
Exemplar quote from bill: ...may be considered to have reasonable grounds for a decision not to consent and”. Inadmissibility of certain asylum and human rights claims 58 Inadmissibility of certain asylum and human rights claims ...(1) Part 4A of the Nationality, Immigration and Asylum Act 2002 (inadmissible asylum claims) is amended as follows. (2) In section 80A (asylum claims by EU nationals)— 35 (a) in subsection (1)— (i) after “claim” insert “or a human rights claim”; (ii) for “member State” substitute “State listed in section 80AA(1)”;... (b) in subsection (2), for “An asylum” substitute “A”; (c) in subsection (3)— 40 (i) for “an asylum” substitute “a”; (ii) after “82(1)(a)” insert “or (b)”; 60 Illegal Migration Bill (iii) after “pro...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
61 Credibility of claimant: concealment of information etc
This amendment to Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 expands the definition of concealment of information by including the failure to provide information or access electronic information stored on a thing in the possession of an immigration officer or the Secretary of State.
Exemplar quote from bill: ... age of 18; 5 “the relevant period” means the period of 6 months beginning with the day on which this Act is passed. Credibility of claimant 61 Credibility of claimant: concealment of information etc ...(1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 10 2004 (claimant’s credibility) is amended as follows. (2) In subsection (3)— (a) in paragraphs (a) and (c) for “a passport” substitute “an identity document”; (b) in paragraph (b) for “passport” substitute “identity document”; 15 (c) after paragraph (d) (but before the “and”) insert— “(da) failure to provide to an immigration officer or the Secretary of State, on request, any information or anything else required in order to access any information stored in electronic form on a thing in the possession of an immigration officer or the Secretary of State that— (i) was found on the claimant, or (ii) 25 appears to an immigration officer or the Secretary of State to have been in the possession of the claimant,”....,”. (3) In subsection (7)— (a) insert at the appropriate place— ““document” includes information recorded in any form;”; ““identity document” means any document that may be used 30 (whether by itself ...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Schedule 2 Section 14
The introduction of Schedule 2 Section 14 defines the term "relevant person" as someone who is liable to be detained under paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 and entered or arrived in the United Kingdom on or after the day this Schedule came into force.
Exemplar quote from bill: ...rbia. 20 50 Sierra Leone (in respect of men). 51 Slovak Republic. 52 Slovenia. 53 South Africa. 54 South Korea. 25 55 Spain. 56 Sweden. 57 Switzerland. SCHEDULE 2 Section 14 ELECTRONIC DEVICES ETC 30 ...Introduction 1 In this Schedule “relevant person” means a person who— 70 Illegal Migration Bill Schedule 2—Electronic devices etc (a) is liable to be detained under paragraph 16(2C) of Schedule 2 to the Immigration Act 1971 (illegal migrants), and (b) entered or arrived in the United Kingdom as mentioned in section 2(2) of this Act on or after the day this Schedule came into force.... 2 (1) In this Schedule— 5 “appropriate adult”, in relation to a person, means— (a) a person appearing to an immigration officer to be the person’s parent or guardian, (b) 10 if the person is in the c...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Schedule 2 Section 14
The insertion of this section defines the term "appropriate adult" in relation to a person, providing various categories of individuals who can fulfill this role.
Exemplar quote from bill: ...Schedule 2 to the Immigration Act 1971 (illegal migrants), and (b) entered or arrived in the United Kingdom as mentioned in section 2(2) of this Act on or after the day this Schedule came into force. ...2 (1) In this Schedule— 5 “appropriate adult”, in relation to a person, means— (a) a person appearing to an immigration officer to be the person’s parent or guardian, (b) 10 if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation, (c) a social worker of a local authority, or (d) if no person within a preceding paragraph is available, any 15 responsible person aged 18 or over who is not an immigration officer or a person employed for, or engaged on, purposes relating to a relevant function;... “container” has the meaning given by section 1 of the Customs and Excise Management Act 1979; 20 “intimate search” has the meaning given by section 28H of the Immigration Act 1971; “item subject to l...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Schedule 2 Section 14
This section applies to premises in which a relevant person was when, or immediately before being, encountered by an immigration officer or a constable.
Exemplar quote from bill: ...ect the relevant person was in at any time during a journey which ended with their arrival in the United Kingdom. 72 Illegal Migration Bill Schedule 2—Electronic devices etc Power to search premises ...5 This paragraph applies to premises in which a relevant person was when, or immediately before being, encountered by an immigration officer or a constable.... (1) (2) An immigration officer may search the premises for any relevant article 5 if— (a) the officer is lawfully on the premises, and (b) the officer has reasonable grounds to suspect that a relevan...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Schedule 2 Section 14
This section applies to property which an immigration officer has reasonable grounds to suspect has been in the possession of a relevant person.
Exemplar quote from bill: ...he premises, and (b) the officer has reasonable grounds to suspect that a relevant article 10 that is or has been in the possession of the relevant person is on the premises. Power to search property ...6 This paragraph applies to property which an immigration officer has reasonable grounds to suspect has been in the possession of a relevant person.... (1) (2) An immigration officer may search the property for any relevant article if 15 the officer has reasonable grounds to suspect that the property includes a relevant article. Power of seizure 7 A...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Schedule 2 Section 14
This section grants the Secretary of State the power to make regulations about relevant articles that contain or may contain items subject to legal privilege.
Exemplar quote from bill: ...s stored on the relevant article; (c) use any information retained under paragraph (b) for any purpose relating to a relevant function. Relevant articles containing items subject to legal privilege 5 ...10 The Secretary of State may by regulations make provision about relevant articles that contain (or may contain) items subject to legal privilege.... (1) (2) The provision that may be made includes in particular— (a) 10 provision modifying this Schedule as it applies in relation to such relevant articles; (b) provision applying (with or without mo...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (10)
The proposed change clarifies that if only a part of a country or territory is listed in Schedule 1, references to the country or territory in subsections (7), (9), and (10) will be interpreted as references to that specific part.
Exemplar quote from bill: ...respect of a description of person, subsection (7) or (9) has effect in relation to P and that country or territory only if the Secretary of State is satisfied that P is within that description. (11) ...Where a part of a country or territory is listed in Schedule 1, references to a country or territory in subsections (7), (9) and (10) have effect in relation to that country or territory as if they were references to that part....rt. (12) In this section references to a claim include a claim— (a) that was made on or after 7 March 2023, and (b) that has not been decided by the Secretary of State on the date on which this sectio...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (12)
The proposed change expands the definition of a claim to include claims made on or after 7 March 2023 that have not been decided by the Secretary of State on the date this section comes into force.
Exemplar quote from bill: ...ry is listed in Schedule 1, references to a 30 country or territory in subsections (7), (9) and (10) have effect in relation to that country or territory as if they were references to that part. (12) ...In this section references to a claim include a claim— (a) that was made on or after 7 March 2023, and (b) that has not been decided by the Secretary of State on the date on which this section comes into force.... (13) In this Act “the Human Rights Convention” means the Convention for the 35 Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it h...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (13)
The proposed change provides a definition for "the Human Rights Convention" as the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4 November 1950, as it currently applies to the United Kingdom.
Exemplar quote from bill: ...references to a claim include a claim— (a) that was made on or after 7 March 2023, and (b) that has not been decided by the Secretary of State on the date on which this section comes into force. (13) ...In this Act “the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom....om. (14) 40 Where the Secretary of State exercises the power in subsection (2) of section 80AA of the Nationality, Immigration and Asylum Act 2002 to amend the list of States in subsection (1) of that...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
section 6
The proposed change introduces a new section titled "Powers to amend Schedule 1."
Exemplar quote from bill: ...val 2 Duty to make arrangements for removal 3 Unaccompanied children and power to provide for exceptions 4 Disregard of certain claims, applications etc 5 Removal for the purposes of section 2 or 3 6 ...Powers to amend Schedule 1... 7 Further provisions about removal 8 Support where asylum claim inadmissible 9 Other consequential amendments relating to removal Detention, bail etc 10 Powers of detention 11 Period for which person...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (3)
The proposed change allows a description for the purposes of subsection (2) to include various attributes or circumstances such as sex, language, race, religion, nationality, membership of a social or other group, political opinion, or any other attribute or circumstance deemed appropriate by the Secretary of State.
Exemplar quote from bill: ...f a country or territory, in relation to a description of person, regulations under subsection (1) may add the country or territory or part to Schedule 1 in respect of that description of person. (3) ...A description for the purposes of subsection (2) may refer to sex, language, race, religion, nationality, membership of a social or other group, political opinion, or any other attribute or circumstance that the Secretary of State thinks appropriate.... Secretary of State thinks appropriate. (4) In deciding whether the statements in subsection (1)(a) and (b) are true of a country or territory, or part of a country or territory, the Secretary of Stat...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
section 7
The proposed change introduces a new section titled "Further provisions about removal."
Exemplar quote from bill: ...ts for removal 3 Unaccompanied children and power to provide for exceptions 4 Disregard of certain claims, applications etc 5 Removal for the purposes of section 2 or 3 6 Powers to amend Schedule 1 7 ...Further provisions about removal... 8 Support where asylum claim inadmissible 9 Other consequential amendments relating to removal Detention, bail etc 10 Powers of detention 11 Period for which persons may be detained 12 Powers to gran...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (1)
The proposed change specifies that this section applies when the Secretary of State is required or may make arrangements for the removal of a person from the United Kingdom.
Exemplar quote from bill: ...rts and Enforcement Act 2007 (judges and other members of the Upper Tribunal), after paragraph (c) insert— “(ca) is a judge of the First-tier Tribunal,”. 52 Special Immigration Appeals Commission (1) ...This section applies where the Secretary of State is required to make arrangements for the removal of a person from the United Kingdom or may make arrangements for the removal of a person from the United Kingdom....ication for permission to appeal under 20 section 44, in relation to the decision may not be brought or continued if the Secretary of State acting in person certifies that the decision was made wholly...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (6)
The proposed change specifies that a notice given under subsection (2)(a) must include information about P's right to make a suspensive claim under the Act and provide the claim period for such a claim.
Exemplar quote from bill: .... (5) But where P has been removed from the United Kingdom under this Act 20 following such a notification, P may not make a suspensive claim (regardless of whether the claim period has expired). (6) ...A notice under subsection (2)(a) must contain details of any right P has to make a suspensive claim under this Act and set out the claim period for any such suspensive claim....ensive claim. (7) In this section— “claim period”— (a) 30 in relation to a suspensive claim within section 37(2)(a) (serious harm suspensive claims), has the meaning given by section 41(7), and (b) in...
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
subsection (7)
The proposed change defines the term "claim period" in this section, referring to the definitions provided in section 41(7) for suspensive claims based on serious harm and section 42(7) for suspensive claims based on factual grounds.
Exemplar quote from bill: ...d). (6) A notice under subsection (2)(a) must— (a) 25 contain details of any right P has to make a suspensive claim under this Act, and (b) set out the claim period for any such suspensive claim. (7) ...In this section, "claim period" has the meaning given by section 41(7) for suspensive claims based on serious harm and the meaning given by section 42(7) for suspensive claims based on factual grounds....ensive claim within section 37(2)(b) (factual suspensive claims), has the meaning given by section 42(7); 35 “suspensive claim” has the meaning given by section 37 (suspensive claims: interpretation)....
- ‼️ Justice System
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
subsection (3)
Subsection (3) is amended to clarify that the term "unaccompanied child" has the same meaning as defined in the Illegal Migration Act 2023.
Exemplar quote from bill: ...egulations. (9) 25 Regulations made by virtue of subsection (8)(a) may, in particular, disapply any provision of this Act or any other enactment in relation to a person to whom an exception applies. (...(3) In subsections (2B) and (2C), “unaccompanied child” has the same 20 meaning as in the Illegal Migration Act 2023 (see section 3 of that Act).”...n Act 1978; (b) an enactment contained in, or in an instrument made under, an Act 30 of the Scottish Parliament; (c) an enactment contained in, or in an instrument made under, a Measure or Act of Sene...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
subsection (7)
Subsection (7) is amended to replace the reference to "this section" with "subsection (1) or (2)".
Exemplar quote from bill: ...o is detained or liable to detention under sub-paragraph (2) of paragraph 16 of that Schedule does not apply to a person who is detained or liable to detention under subsection (2A) of this section.” ...(7) In subsection (7), for “this section” substitute “subsection (1) or (2)”.... (10) In subsection (7A), for “this section” substitute “subsection (1) or (2)”. 30 (11) In section 60(8) of Immigration Act 2016 (limitation on detention of pregnant women), in paragraph (c) of the d...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: amendment
subsection (7A)
Subsection (7A) is amended to replace the reference to "this section" with "subsection (1) or (2)".
Exemplar quote from bill: ...to deportation from the United 40 Kingdom under any provision of, or made under, any other enactment that provides for such deportation;”. 34 Illegal Migration Bill (5) After subsection (5) insert— “...(7A) In subsection (7A), for “this section” substitute “subsection (1) or (2)”....tion 3(5) of the 5 Immigration Act 1971 (and section 3(8) (burden of proof) applies), and (b) the reference to a person who has been sentenced to a period of imprisonment— (i) does not include a refer...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
section 10(9)
Section 10(9) of the Immigration and Asylum Act 1999 is amended to include paragraph 17A of Schedule 2 to the Immigration Act 1971 in the application of Schedule 2 to the Immigration Act 1971 in relation to persons unlawfully in the United Kingdom.
Exemplar quote from bill: ...cessary to enable such arrangements to be made for the person’s release as the Secretary of State considers to be appropriate.”; (b) in sub-paragraph (4), for “17 to 18A” substitute “17, 18, 18A”. (3)...(9) In section 10(9) of the Immigration and Asylum Act 1999 (application of Schedule 2 to the Immigration Act 1971 in relation to persons unlawfully in the United Kingdom)— (a) in paragraph (b), for “16(2) to (4)” substitute “16(2) to (2B), (3) and (4)”; (b) after paragraph (c) insert— “(ca) paragraph 17A (period for which persons may be 25 detained);”.... (4) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)— (a) after subsection (2I) (inserted by section 10(6)), insert— “(2J) A person liable to be det...
- ‼️ Human Rights
  (Variously affected)
- ⚫ Notable
- Impact: 🔵 Minor
- Type: insertion
Schedule 10
Schedule 10 to the Immigration Act 2016, which pertains to immigration bail, is amended in accordance with subsections (2) to (4).
Exemplar quote from bill: ...f Schedule 2 to the 1971 Act apply in 15 relation to detention under paragraph (1) as they apply in relation to detention under paragraph 16 of that Schedule.” 12 Powers to grant immigration bail (1) ...Schedule 10 to the Immigration Act 2016 (immigration bail) is amended in accordance with subsections (2) to (4).... (2) In paragraph 1 (power to grant immigration bail)— (a) in sub-paragraph (1)(a), for “or (2)” substitute “, (2) or (2C)”, 20 (b) in sub-paragraph (3)(a), for “or (2)” substitute “, (2) or (2C)”, an...
- ‼️ Human Rights
  (Variously affected)

That's everything!

Remember: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis. Read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3429

Illegal Migration Act 2023

TL;DR:

Concerns:

Detailed Overview:

subsection (2A)

paragraph 17A

paragraph 2 of Schedule 3

section 62(2J)

Section 17

Section 18

Section 19

Section 21

Section 22

Section 23

Section 24

Section 25

subsection (2B)

subsection (2C)

subsection (2D)

subsection (2E)

subsection (2F)

subsection (2G)

subsection (2H)

regulation 32

Section 20

Section 26

Section 27

section 40

section 44

subsection 52

Introduction

Duty to make arrangements for removal

Disregard of certain claims, applications etc

Removal for the purposes of section 2 or 3

subsection 8

section 41

section 42

section 43

section 45

section 46

section 47

section 18 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

The Nationality and Borders Act 2022

Section 65 (leave to remain for victims of slavery or human trafficking)

Section 63 of the Nationality and Borders Act 2022

The Immigration Act 1971

The Immigration Act 1971

59 Cap on number of entrants using safe and legal routes

60 Report on safe and legal routes

section 57 Age assessments: power to make provision about refusal to consent to scientific methods

Schedule 2 Section 14

Schedule 2 Section 14

Schedule 2 Section 14

Schedule 2 Section 14

Schedule 2 Section 14

Schedule 2 Section 14

Unaccompanied children and power to provide for exceptions

subsection (7) or (9)

subsection (14)

subsection (1)

subsection (2)

subsection (4)

subsection (5)

subsection (2)

subsection (3)

subsection (4)

subsection (5)

subsection (8)

section 39

section 48

subsection 22

subsection 22

subsection 49

subsection 50

subsection 52

subsection 53

subsection 54

subsection 55

subsection 56

section 54(6) (appeals relating to age assessments)