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Illegal Migration Act 2023

2023 c. 37 · Enacted 20 July 2023 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 2 December 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 44(3)-(6)applied (with modifications) by 1997 c. 68, s. 2AA(2)(3) (as inserted)Illegal Migration Act 2023 s. 53(5)
s. 48(2)-(7)applied (with modifications) by 1997 c. 68, s. 2AA(2)(3) (as inserted)Illegal Migration Act 2023 s. 53(5)
An Act 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; to make further provision about the credibility of claimants making asylum and human rights claims; and for connected purposes. [20th July 2023]

Be it enacted by the King’s most Excellent Majesty, by 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:—C1

Annotations to the whole text

Modifications

C1

Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 10(1) (with ss. 4, 10(2)) (which excluding Act is repealed (2.12.2025) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 40, 65(3)(a))

Contents

  1. Introduction Not yet in force
  2. 1Introduction Not yet in force
  3. Duty to make arrangements for removal
  4. 2Duty to make arrangements for removal Not yet in force
  5. 3Amendment of date in section 2(3) etc Repealed
  6. 4Unaccompanied children and power to provide for exceptions Repealed
  7. 5Disregard of certain claims, applications etc Not yet in force
  8. 6Removal for the purposes of section 2 or 4 Not yet in force
  9. 7Powers to amend Schedule 1 Repealed
  10. 8Further provisions about removal Not yet in force
  11. 9Support where asylum claim inadmissible Not yet in force
  12. 10Other consequential amendments relating to removal Not yet in force
  13. Detention, bail etc
  14. 11Powers of detention Repealed
  15. 12Period for which persons may be detained
  16. 13Powers to grant immigration bail Not yet in force
  17. 14Disapplication of duty to consult Independent Family Returns Panel Not yet in force
  18. 15Electronic devices etc Repealed
  19. Unaccompanied children
  20. 16Accommodation and other support for unaccompanied migrant children Not yet in force
  21. 17Transfer of children from Secretary of State to local authority and vice versa Not yet in force
  22. 18Duty of local authority to provide information to the Secretary of State Repealed
  23. 19Enforcement of local authorities’ duties under sections 17 and 18 Not yet in force
  24. 20Extension to Wales, Scotland and Northern Ireland Repealed
  25. 21Transfer of children between local authorities Not yet in force
  26. Modern slavery
  27. 22Provisions relating to removal and leave Not yet in force
  28. 23Provisions relating to support: England and Wales Not yet in force
  29. 24Provisions relating to support: Scotland Repealed
  30. 25Provisions relating to support: Northern Ireland Not yet in force
  31. 26Suspension and revival of sections 22 to 25 Not yet in force
  32. 27Procedure for certain regulations under section 26 Not yet in force
  33. 28Amendments relating to sections 22 to 25 Not yet in force
  34. 29Disapplication of modern slavery provisions Not yet in force
  35. Entry, settlement and citizenship
  36. 30Entry into and settlement in the United Kingdom Repealed
  37. 31Persons prevented from obtaining British citizenship etc Repealed
  38. 32British citizenship Repealed
  39. 33British overseas territories citizenship Repealed
  40. 34British overseas citizenship Repealed
  41. 35British subjects Repealed
  42. 36Disapplication of sections 32 to 35 Repealed
  43. 37Amendments relating to sections 32 to 36 Repealed
  44. Legal proceedings
  45. 38Suspensive claims: interpretation Not yet in force
  46. 39Serious harm suspensive claims: interpretation Not yet in force
  47. 40Meaning of “serious and irreversible harm” Repealed
  48. 41Relationship with other proceedings Not yet in force
  49. 42Serious harm suspensive claims Repealed
  50. 43Removal conditions suspensive claims Repealed
  51. 44Appeals in relation to suspensive claims Not yet in force
  52. 45Permission to appeal in relation to suspensive claims certified as clearly unfounded Not yet in force
  53. 46Suspensive claims out of time Not yet in force
  54. 47Suspensive claims: duty to remove Not yet in force
  55. 48Upper Tribunal consideration of new matters Not yet in force
  56. 49Appeals in relation to suspensive claims: timing Not yet in force
  57. 50Procedure for Tribunal Procedure Rules Repealed
  58. 51Finality of certain decisions by the Upper Tribunal Not yet in force
  59. 52Judges of First-tier Tribunal and Upper Tribunal
  60. 53Special Immigration Appeals Commission Not yet in force
  61. 54Interim remedies Not yet in force
  62. 55Interim measures of the European Court of Human Rights Not yet in force
  63. 56Legal aid Not yet in force
  64. Age assessments etc Not yet in force
  65. 57Decisions relating to a person’s age Not yet in force
  66. 58Age assessments: power to make provision about refusal to consent to scientific methods Not yet in force
  67. Inadmissibility of certain asylum and human rights claims
  68. 59Inadmissibility of certain asylum and human rights claims
  69. Safe and legal routes
  70. 60Cap on number of entrants using safe and legal routes
  71. 61Report on safe and legal routes Repealed
  72. Credibility of claimant
  73. 62Credibility of claimant: concealment of information etc
  74. General
  75. 63Financial provision
  76. 64Consequential and minor provision
  77. 65Regulations
  78. 66Defined expressions Repealed
  79. 67Extent
  80. 68Commencement
  81. 69Short title
  82. Schedule 1: Countries or territories to which a person may be removed Not yet in force
  83. 1Paragraph 1 Repealed
  84. 2Paragraph 2 Repealed
  85. 3Paragraph 3 Repealed
  86. 4Paragraph 4 Repealed
  87. 5Paragraph 5 Repealed
  88. 6Paragraph 6 Repealed
  89. 7Paragraph 7 Repealed
  90. 8Paragraph 8 Repealed
  91. 9Paragraph 9 Repealed
  92. 10Paragraph 10 Repealed
  93. 11Paragraph 11 Repealed
  94. 12Paragraph 12 Repealed
  95. 13Paragraph 13 Repealed
  96. 14Paragraph 14 Repealed
  97. 15Paragraph 15 Repealed
  98. 16Paragraph 16 Repealed
  99. 17Paragraph 17 Repealed
  100. 18Paragraph 18 Repealed
  101. 19Paragraph 19 Repealed
  102. 20Paragraph 20 Repealed
  103. 21Paragraph 21 Repealed
  104. 22Paragraph 22 Repealed
  105. 23Paragraph 23 Repealed
  106. 24Paragraph 24 Repealed
  107. 25Paragraph 25 Repealed
  108. 26Paragraph 26 Repealed
  109. 27Paragraph 27 Repealed
  110. 28Paragraph 28 Repealed
  111. 29Paragraph 29 Repealed
  112. 30Paragraph 30 Repealed
  113. 31Paragraph 31 Repealed
  114. 32Paragraph 32 Repealed
  115. 33Paragraph 33 Repealed
  116. 34Paragraph 34 Repealed
  117. 35Paragraph 35 Repealed
  118. 36Paragraph 36 Repealed
  119. 37Paragraph 37 Repealed
  120. 38Paragraph 38 Repealed
  121. 39Paragraph 39 Repealed
  122. 40Paragraph 40 Repealed
  123. 41Paragraph 41 Repealed
  124. 42Paragraph 42 Repealed
  125. 43Paragraph 43 Repealed
  126. 44Paragraph 44 Repealed
  127. 45Paragraph 45 Repealed
  128. 46Paragraph 46 Repealed
  129. 47Paragraph 47 Repealed
  130. 48Paragraph 48 Repealed
  131. 49Paragraph 49 Repealed
  132. 50Paragraph 50 Repealed
  133. 51Paragraph 51 Repealed
  134. 52Paragraph 52 Repealed
  135. 53Paragraph 53 Repealed
  136. 54Paragraph 54 Repealed
  137. 55Paragraph 55 Repealed
  138. 56Paragraph 56 Repealed
  139. 57Paragraph 57 Repealed
  140. Schedule 2: Electronic devices etc Repealed
  141. 1Introduction Repealed
  142. 2Introduction Repealed
  143. 3Power to search relevant persons Repealed
  144. 4Power to search vehicles and containers Repealed
  145. 5Power to search premises Repealed
  146. 6Power to search property Repealed
  147. 7Power of seizure Repealed
  148. 8Power of retention Repealed
  149. 9Power to access, copy and use information stored on relevant article Repealed
  150. 10Relevant articles containing items subject to legal privilege Repealed
  151. 11Extension of powers to other persons Repealed