Nationality and Borders Act 2022
2022 c. 36 · Enacted 28 April 2022 · Extends to United Kingdom
An Act to make provision about nationality, asylum and immigration; to make provision about victims of slavery or human trafficking; to provide a power for Tribunals to charge participants where their behaviour has wasted the Tribunal’s resources; and for connected purposes.
[28th April 2022]
Be 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:—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), 5, 10(1) (with ss. 4, 10(2))
Contents
- Part 1: Nationality
- British overseas territories citizenship
- 1Historical inability of mothers to transmit citizenship
- 2Historical inability of unmarried fathers to transmit citizenship
- 3Provision for Chagos Islanders to acquire British Nationality
- 4Sections 1 to 3: related British citizenship
- 5Period for registration of person born outside the British overseas territories
- British citizenship
- 6Disapplication of historical registration requirements
- 7Citizenship where mother married to someone other than natural father
- Powers of the Secretary of State relating to citizenship etc
- 8Citizenship: registration in special cases
- 9Requirements for naturalisation etc
- 10Notice of decision to deprive a person of citizenship
- Registration of stateless minors
- 11Citizenship: stateless minors
- Part 2: Asylum
- Treatment of refugees; support for asylum-seekers
- 12Differential treatment of refugees
- 13Accommodation for asylum-seekers etc
- Place of claim
- 14Requirement to make asylum claim at “designated place”
- Inadmissibility
- 15Asylum claims by EU nationals: inadmissibility
- 16Asylum claims by persons with connection to safe third State: inadmissibility
- 17Clarification of basis for support where asylum claim inadmissible
- Supporting evidence Not yet in force
- 18Provision of evidence in support of protection or human rights claim Not yet in force
- 19Asylum or human rights claim: damage to claimant’s credibility Not yet in force
- Priority removal notices Not yet in force
- 20Priority removal notices Not yet in force
- 21Priority removal notices: supplementary Not yet in force
- 22Late compliance with priority removal notice: damage to credibility Not yet in force
- 23Priority removal notices: expedited appeals Not yet in force
- 24Expedited appeals: joining of related appeals Not yet in force
- 25Civil legal services for recipients of priority removal notices Not yet in force
- Late evidence Not yet in force
- 26Late provision of evidence in asylum or human rights claim: weight Not yet in force
- Appeals
- 27Accelerated detained appeals
- 28Claims certified as clearly unfounded: removal of right of appeal
- Removal to safe third country
- 29Removal of asylum seeker to safe country
- Interpretation of Refugee Convention
- 30Refugee Convention: general
- 31Article 1(A)(2): persecution
- 32Article 1(A)(2): well-founded fear
- 33Article 1(A)(2): reasons for persecution
- 34Article 1(A)(2): protection from persecution
- 35Article 1(A)(2): internal relocation
- 36Article 1(F): disapplication of Convention in case of serious crime etc
- 37Article 31(1): immunity from penalties
- 38Article 33(2): particularly serious crime
- Interpretation
- 39Interpretation of Part 2
- Part 3: Immigration Control
- Immigration offences and penalties
- 40Illegal entry and similar offences
- 41Assisting unlawful immigration or asylum seeker
- 42Penalty for failure to secure goods vehicle
- Working in United Kingdom waters: arrival and entry
- 43Working in United Kingdom waters: arrival and entry
- Enforcement
- 44Power to search container unloaded from ship or aircraft
- 45Maritime enforcement
- Removals
- 46Removals: notice requirements
- 47Prisoners liable to removal from the United Kingdom
- Immigration bail
- 48Matters relevant to decisions relating to immigration bail
- Part 4: Age Assessments
- 49Interpretation of Part etc
- 50Persons subject to immigration control: referral or assessment by local authority etc
- 51Persons subject to immigration control: assessment for immigration purposes
- 52Use of scientific methods in age assessments
- 53Regulations about age assessments
- 54Appeals relating to age assessments Not yet in force
- 55Appeals relating to age assessments: supplementary Not yet in force
- 56New information following age assessment or appeal Not yet in force
- 57Civil legal services relating to age assessments Not yet in force
- Part 5: Modern Slavery
- 58Provision of information relating to being a victim of slavery or human trafficking Not yet in force
- 59Late compliance with slavery or trafficking information notice: damage to credibility Not yet in force
- 60Identification of potential victims of slavery or human trafficking
- 61Identified potential victims of slavery or human trafficking: recovery period
- 62No entitlement to additional recovery period etc
- 63Identified potential victims etc: disqualification from protection
- 64Identified potential victims etc in England and Wales: assistance and support
- 65Leave to remain for victims of slavery or human trafficking
- 66Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism Not yet in force
- 67Civil legal services under section 10 of LASPO: add-on services in relation to national referral mechanism Not yet in force
- 68Disapplication of retained EU law deriving from Trafficking Directive Repealed
- 69Part 5: interpretation
- Part 6: Miscellaneous
- 70Visa penalty provision: general
- 71Visa penalties for countries posing risk to international peace and security etc
- 72Removals from the UK: visa penalties for uncooperative countries
- 73Visa penalties under section 71: review and revocation
- 74Visa penalties under section 72: review and revocation
- 75Electronic travel authorisations
- 76Liability of carriers
- 77Special Immigration Appeals Commission
- 78Counter-terrorism questioning of detained entrants away from place of arrival
- 79References to justices of the peace in relation to Northern Ireland
- 80Tribunal charging power in respect of wasted resources Not yet in force
- 81Tribunal Procedure Rules to be made in respect of costs orders etc Not yet in force
- 82Pre-consolidation amendments of immigration legislation
- Part 7: General
- 83Financial provision
- 84Transitional and consequential provision
- 85Regulations
- 86Extent
- 87Commencement
- 88Short title
- Schedule 1: Waiver of requirement of presence in UK etc
- 1Amendments to the British Nationality Act 1981
- 2Amendments to the British Nationality Act 1981
- 3Amendments to the British Nationality Act 1981
- 4Consequential amendment
- Schedule 2Deprivation of Citizenship without notice: judicial oversight
- Schedule 3: Expedited appeals where priority removal notice served: consequential amendments Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- Schedule 4: Removal of asylum seeker to safe country
- 1Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002
- 2Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002
- 3Amendments to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004: introductory
- 4Amendments consequential on amendments to section 77 of the 2002 Act
- 5Rebuttable presumption of safety of specified countries in relation to Convention rights
- 6Rebuttable presumption of safety of specified countries in relation to Convention rights
- 7Safe countries
- 8Safe countries
- 9Safe countries
- 10Safe countries
- 11Appeal rights
- 12Appeal rights
- 13Appeal rights
- 14Appeal rights
- 15Appeal rights
- 16Appeal rights
- 17Appeal rights
- 18Consequential amendments
- 19Transitional provision
- Schedule 5: Penalty for failure to secure goods vehicle etc
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 6: Working in United Kingdom waters: consequential and related amendments
- 1Immigration Act 1971 (c. 77)
- 2Immigration Act 1971 (c. 77)
- 3Immigration Act 1971 (c. 77)
- 4Immigration Act 1971 (c. 77)
- 5Immigration Act 1971 (c. 77)
- 6Immigration Act 1971 (c. 77)
- 7Immigration Act 1971 (c. 77)
- 8Immigration Act 1971 (c. 77)
- 9Immigration Act 1971 (c. 77)
- 10Immigration Act 1971 (c. 77)
- 11Immigration, Asylum and Nationality Act 2006 (c. 13)
- Schedule 7: Maritime enforcement
- 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
- 18Paragraph 18
- Schedule 8Prisoners returning to the UK: Modifications of Criminal Justice Act 2003