Nationality, Immigration and Asylum Act 2002
2002 c. 41 · Enacted 7 November 2002 · Extends to United Kingdom
C1Be it enacted by the Queen’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:—C2C3C4
Annotations to the whole text
Modifications
- C1
Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 16, Sch. 7 (with art. 5, Sch. 2) (as amended: (29.6.2011) by S.I. 2011/1408, art. 1, Sch. para. 6; (14.3.2019) by S.I. 2019/562, arts. 1, 5, 14; (16.12.2020) by S.I. 2020/1576, art. 10; (31.12.2020) by S.I. 2020/1214, art. 9 (with art. 13); (11.11.2021) by S.I. 2021/1277, arts. 1(2), 9)
- C2
Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 7, Sch. 5, Sch. 5A (with art. 16)
- C3
Act: power to amend conferred (28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(g)(3)-(6), 87(1)(4)(i)
- C4
Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2))
Contents
- Part 1: Nationality
- 1Naturalisation: knowledge of language and society
- 2Naturalisation: spouse of citizen
- 3Citizenship ceremony, oath and pledge
- 4Deprivation of citizenship
- 5Resumption of citizenship
- 6Nationality decision: discrimination
- 7Nationality decision: reasons and review
- 8Citizenship: registration
- 9Legitimacy of child
- 10Right of abode: certificate of entitlement
- 11Unlawful presence in United Kingdom Repealed
- 12British citizenship: registration of certain persons without other citizenship
- 13British citizenship: registration of certain persons born between 1961 and 1983
- 14Hong Kong
- 15Repeal of spent provisions
- Part 2: Accommodation Centres
- Establishment
- 16Establishment of centres
- Use of centres
- 17Support for destitute asylum-seeker Not yet in force
- 18Asylum-seeker: definition
- 19Destitution: definition Not yet in force
- 20Dependant: definition Not yet in force
- 21Sections 17 to 20: supplementary Not yet in force
- 22Immigration and Asylum Act 1999, s. 95 Not yet in force
- 23Person subject to United Kingdom entrance control Not yet in force
- 24Provisional assistance Not yet in force
- 25Length of stay Not yet in force
- 26Withdrawal of support Not yet in force
- Operation of centres Not yet in force
- 27Resident of centre Not yet in force
- 28Manager of centre Not yet in force
- 29Facilities Not yet in force
- 30Conditions of residence Not yet in force
- 31Financial contribution by resident Not yet in force
- 32Tenure Not yet in force
- 33Advisory Groups Not yet in force
- General Not yet in force
- 34The Monitor of Accommodation Centres Not yet in force
- 35Ancillary provisions
- 36Education: general Not yet in force
- 37Education: special cases Not yet in force
- 38Local authority
- 39“Prescribed”: orders and regulations Not yet in force
- 40Scotland
- 41Northern Ireland
- 42Wales
- Part 3: Other Support and Assistance
- 43Asylum-seeker: form of support
- 44Destitute asylum-seeker Not yet in force
- 45Section 44: supplemental Not yet in force
- 46Section 44: supplemental: Scotland and Northern Ireland Not yet in force
- 47Asylum-seeker: family with children Not yet in force
- 48Young asylum-seeker
- 49Failed asylum-seeker
- 50Conditions of support
- 51Choice of form of support Not yet in force
- 52Back-dating of benefit for refugee Repealed
- 53Asylum-seeker: appeal against refusal to support Not yet in force
- 54Withholding and withdrawal of support
- 55Late claim for asylum: refusal of support
- 56Provision of support by local authority
- 57Application for support: false or incomplete information
- 58Voluntary departure from United Kingdom
- 59International projects
- 60Northern Ireland authorities
- 61Repeal of spent provisions
- Part 4: Detention and Removal
- Detention
- 62Detention by Secretary of State
- 63Control of entry to United Kingdom, &c.: use of force
- 64Escorts
- 65Detention centres: custodial functions
- 66Detention centres: change of name
- 67Construction of reference to person liable to detention
- Temporary release
- 68Bail Repealed
- 69Reporting restriction: travel expenses Repealed
- 70Induction
- 71Asylum-seeker: residence, &c. restriction
- Removal
- 72Serious criminal
- 73Family
- 74Deception Repealed
- 75Exemption from deportation
- 76Revocation of leave to enter or remain
- 77No removal while claim for asylum pending
- 78No removal while appeal pending
- 78ARestriction on removal of children and their parents etc
- 79Deportation order: appeal
- 80Removal of asylum-seeker to third country Repealed
- Part 4A: Inadmissible asylum and Human Rights claims
- 80AAsylum claims by EU nationalsClaims by nationals of listed safe States
- 80AASafe States for the purposes of section 80A
- 80BAsylum claims by persons with connection to safe third State
- 80CMeaning of “connection” to a safe third State
- Part 5: Appeals in respect of Protection and Human Rights Claims
- Appeal to Tribunal
- 81Meaning of “the Tribunal
- 82Right of appeal to the Tribunal
- 83Appeal: asylum claim Repealed
- 83AAppeal: variation of limited leave Repealed
- 84Grounds of appeal
- 85Matters to be considered
- 85AMatters to be considered: new evidence: exceptions Repealed
- 86Determination of appeal
- 86ATimeframe for determination of appeal under section 82(1)(a) where appellant is receiving accommodation support
- 86BTimeframe for determination of appeal brought by certain non-detained appellants liable to deportation
- 87Successful appeal: direction Repealed
- Exceptions and limitations
- 88Ineligibility Repealed
- 88AEntry clearance Repealed
- 89Refusal of leave to enter Repealed
- 90Non-family visitor Repealed
- 91Student Repealed
- 92Place from which an appeal may be brought or continued
- 93Appeal from within United Kingdom: “third country” removal Repealed
- 94Certification of human rights or protection claims as unfounded or removal to safe country
- 94AEuropean Common List of Safe Countries of Origin Repealed
- 94BAppeal from within the United Kingdom: certification of human rights claims ...
- 95Appeal from outside United Kingdom: removal Repealed
- 96Earlier right of appeal
- 97National security, &c.
- 97ANational security: deportation
- 97BVariation of leave on grounds of public good: rights of appeal Repealed
- 98Other grounds of public good Repealed
- 99Section 97 : appeal in progress
- Appeal from adjudicator
- 100Immigration Appeal Tribunal
- 101Appeal to Tribunal
- 102Decision
- 103Appeal from Tribunal
- Procedure
- 103AReview of Tribunal’s decision Repealed
- 103BAppeal from Tribunal following reconsideration Repealed
- 103CAppeal from Tribunal instead of reconsideration Repealed
- 103DReconsideration: legal aid Repealed
- 103EAppeal from Tribunal sitting as panel Repealed
- 104Pending appeal
- 105Notice of immigration decision
- 106Rules
- 107Practice directions
- 108Forged document: proceedings in private
- General
- 109European Union and European Economic Area Repealed
- 110Grants
- 111Monitor of certification of claims as unfounded Repealed
- 112Regulations, &c.
- 113Interpretation
- 114Repeal
- 115Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision Repealed
- 116Special Immigration Appeals Commission: Community Legal Service Repealed
- 117Northern Ireland appeals: legal aid
- Part 5A: Article 8 of the ECHR: public interest considerations
- 117AApplication of this Part
- 117BArticle 8: public interest considerations applicable in all cases
- 117CArticle 8: additional considerations in cases involving foreign criminals
- 117DInterpretation of this Part
- Part 6: Immigration Procedure
- Applications
- 118Leave pending decision on variation application
- 119Deemed leave on cancellation of notice
- 120Requirement to state additional grounds for application
- 121Compliance with procedure
- Work permit
- 122Fee for work permit, &c.
- 123Advice about work permit, &c.
- Authority-to-carry scheme
- 124Authority to carry Repealed
- Evasion of procedure
- 125Carriers’ liability
- Provision of information by traveller
- 126Physical data: compulsory provision
- 127Physical data: voluntary provision
- 128Data collection under Immigration and Asylum Act 1999
- Disclosure of information by public authority
- 129Local authority
- 130Inland Revenue Repealed
- 131Police, &c.
- 132Supply of document, &c. to Secretary of State
- 133Medical inspectors
- Disclosure of information by private person
- 134Employer
- 135Financial institution
- 136Notice
- 137Disclosure of information: offences
- 138Offence by body
- 139Privilege against self-incrimination
- Immigration services
- 140Immigration Services Commissioner
- Immigration control
- 141EEA ports: juxtaposed controls
- Country information
- 142Advisory Panel on Country Information Repealed
- Part 7: Offences
- Substance
- 143Assisting unlawful immigration, &c.
- 144Section 143: consequential amendments
- 145Traffic in prostitution Repealed
- 146Section 145: supplementary Repealed
- 147Employment
- 148Registration card
- 149Immigration stamp
- 150Sections 148 and 149: consequential amendments
- 151False information
- Procedure
- 152Arrest by immigration officer
- 153Power of entry
- 154Power to search for evidence
- 155Sections 153 and 154: supplemental
- 156Time limit on prosecution
- Part 8: General
- 157Consequential and incidental provision
- 158Interpretation: “the Immigration Acts”
- 159Applied provision
- 160Money
- 161Repeals
- 162Commencement
- 163Extent
- 164Short title
- Schedule 1: Citizenship Ceremony, Oath and Pledge
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 2: Nationality: Repeal of Spent Provisions
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: Withholding and Withdrawal of Support
- Ineligibility for support
- 1Paragraph 1
- Exceptions
- 2Paragraph 2
- 3Paragraph 3
- First class of ineligible person: refugee status abroad
- 4Paragraph 4
- Second class of ineligible person: citizen of other EEA State
- 5Paragraph 5 Repealed
- Third class of ineligible person: failed asylum-seeker
- 6Paragraph 6
- Fourth class of ineligible person: person unlawfully in United Kingdom
- 7Paragraph 7
- Fifth class of ineligible person: failed asylum-seeker with family
- 7AParagraph 7A
- Travel assistance
- 8Paragraph 8
- Temporary accommodation
- 9Paragraph 9
- 10Paragraph 10
- Assistance and accommodation: general
- 11Paragraph 11
- 12Paragraph 12
- Offences
- 13Paragraph 13
- Information
- 14Paragraph 14
- Power to amend Schedule
- 15Paragraph 15
- Orders and regulations
- 16Paragraph 16
- Interpretation
- 17Paragraph 17
- Schedule 4: The Asylum and Immigration Tribunal Repealed
- Membership Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Presidency Repealed
- 5Paragraph 5 Repealed
- Judicial Assistance Repealed
- 5AParagraph 5A Repealed
- 5BParagraph 5B Repealed
- Proceedings Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Staff Repealed
- 9Paragraph 9 Repealed
- Money Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Delegation Repealed
- 12Paragraph 12 Repealed
- Training etc. Not yet in force
- 13Paragraph 13 Not yet in force
- Oaths Not yet in force
- 14Paragraph 14 Not yet in force
- Schedule 5
- Membership
- 1Paragraph 1
- 2Paragraph 2
- Presidency
- 3Paragraph 3
- 4Paragraph 4
- Proceedings
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Staff
- 8Paragraph 8
- Money
- 9Paragraph 9
- 10Paragraph 10
- Interpretation: legally qualified member
- 11Paragraph 11
- Schedule 6: Immigration and Asylum Appeals: Transitional Provision
- “Commencement”
- 1Paragraph 1
- Adjudicator
- 2Paragraph 2
- Tribunal
- 3Paragraph 3
- Earlier appeal
- 4Paragraph 4
- Saving
- 5Paragraph 5
- Schedule 7: Immigration and Asylum Appeals: Consequential Amendments
- Immigration Act 1971 (c. 77)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- House of Commons Disqualification Act 1975 (c. 24)
- 9Paragraph 9
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 10Paragraph 10
- ...
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Courts and Legal Services Act 1990 (c. 41)
- 16Paragraph 16
- Tribunals and Inquiries Act 1992 (c. 53)
- 17Paragraph 17
- Judicial Pensions and Retirement Act 1993 (c. 8)
- 18Paragraph 18
- 19Paragraph 19
- Special Immigration Appeals Commission Act 1997 (c. 68)
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- Immigration and Asylum Act 1999 (c. 33)
- 27Paragraph 27 Repealed
- 28Paragraph 28
- 29Paragraph 29
- Anti-terrorism, Crime and Security Act 2001 (c. 24)
- 30Paragraph 30 Repealed
- Proceeds of Crime Act 2002 (c. 29)
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Schedule 8: Carriers’ Liability
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Schedule 9: Repeals