Immigration, Asylum and Nationality Act 2006
Encyclopedia
The Immigration, Asylum and Nationality Act 2006 (c 13) is an Act
of the Parliament of the United Kingdom
.
It is the fifth major piece of legislation relating to immigration and asylum since 1993.
on 30 March, its provisions did not take effect immediately, until a series of commencement orders brought the provisions into force incrementally:
This leaves the only grounds for appeal open to human rights and race discrimination reasons. Appeals launched within the UK can be for asylum
cases only.
s) from immigration arrivals for the purposes of proving they are the rightful holder of their passport or travel documents.
It allows the police to request and obtain advance information on passengers and crew of flights and ships arriving in or leaving the United Kingdom, or those expected to do so.
The Act requires the Asylum and Immigration Tribunal
and the Special Immigration Appeals Commission
to first consider if an application for refugee status meets article 1F of the Convention Relating to the Status of Refugees
, if the decision by the Home Secretary is to refuse on that basis.
) if it is considered that such deprivation is "conducive to the public good".
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
It is the fifth major piece of legislation relating to immigration and asylum since 1993.
Commencement Orders
Although the Act received Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 30 March, its provisions did not take effect immediately, until a series of commencement orders brought the provisions into force incrementally:
- The Immigration, Asylum and Nationality Act 2006 (Commencement No. 1) Order 2006 (S.I. 2006/1497 (C. 50)), made on 2 June 2006, brought into force on 16 June 2006 the sections on grants, proof of right of abode, accommodation, removal: cancellation of leave, deprivation of citizenship, deprivation of right of abode, and money. It also repealed section 40A(3) of the British Nationality Act 1981British Nationality Act 1981The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
. - The Immigration, Asylum and Nationality Act 2006 (Commencement No. 2) Order 2006 (S.I. 2006/2226 (C. 75)), made on 13 August 2006, enacted the bulk of the Act's provisions including the sections on variation of leave to enterLeave to enterLeave to Enter is the technical term for someone granted entry to the United Kingdom by British immigration officers.According to the United Kingdom Border Agency, a person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or...
or remain, removal, grounds of appeal, failure to provide documents, refusal of leave to enter, deportation, continuation of leave, consequential amendments, code of practice, discrimination: code of practice, documents produced or found, fingerprinting, attendance for fingerprinting, searches: contracting out, information: embarking passengers, inspection of detention facilities, capacity to make nationality application, arrest pending deportation, refugee convention: construction, refugee convention:certification, detained persons: national minimum wage. It also repealed sections of the Prison Act 1952 (c.52),the Immigration Act 1971Immigration Act 1971The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
(c.77), the Anti-terrorism, Crime and Security Act 2001Anti-terrorism, Crime and Security Act 2001The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001, two months after the terrorist attacks on New York on 11 September. It received royal assent and came into force on 14 December 2001...
and the Nationality, Immigration and Asylum Act 2002Nationality, Immigration and Asylum Act 2002The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 7 November 2002....
(c.41). - The Immigration, Asylum and Nationality Act 2006 (Commencement No. 3) Order 2006 (S.I. 2006/2838 (C. 98)), made on 4 December 2006, enacted the remainder of the Act's provisions including the sections on abandonment of appeal and acquisition of British nationality.
Appeals
The Act introduced a number of changes to the immigration appeals process, most notably restricting the right of appeal for refusal of entry clearance in cases where the subject intends to enter the country as a dependent, a visitor or a student.This leaves the only grounds for appeal open to human rights and race discrimination reasons. Appeals launched within the UK can be for asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
cases only.
Employment
The Act introduces civil (not criminal) penalties in the form of fines for employers who take on people over the age of 16 who are subject to immigration control (that is, have no entry clearance or leave to remain, or no valid permit to work in the UK).Information
The Act allows immigration officers to request and obtain biometric data (such as fingerprintFingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
s) from immigration arrivals for the purposes of proving they are the rightful holder of their passport or travel documents.
It allows the police to request and obtain advance information on passengers and crew of flights and ships arriving in or leaving the United Kingdom, or those expected to do so.
The Act requires the Asylum and Immigration Tribunal
Asylum and Immigration Tribunal
The Asylum and Immigration Tribunal was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions...
and the Special Immigration Appeals Commission
Special Immigration Appeals Commission
The Special Immigration Appeals Commission is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by the Home Secretary under various statutory powers, and usually related to matters of...
to first consider if an application for refugee status meets article 1F of the Convention Relating to the Status of Refugees
Convention Relating to the Status of Refugees
The United Nations Convention Relating to the Status of Refugees is an international convention that defines who is a refugee, and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not...
, if the decision by the Home Secretary is to refuse on that basis.
Citizenship and Right of Abode
The Act contains several provisions empowering the Home Secretary to deprive a person of British citizenship (or Right of AbodeRight of Abode (United Kingdom)
The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
) if it is considered that such deprivation is "conducive to the public good".
Notable applications of the Act
- Australian Guantánamo Bay inmate David Matthew Hicks applied for British citizenship in 2005 after the previous 2002 legislation allowed citizenship by virtue of maternal heritage. It was considered that the British government may petition for his release as had been done for other British nationals. After a lengthy court battle with the Home OfficeHome OfficeThe Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
, Hicks was granted British citizenship on 5 July 2006, but then stripped of it several hours later under section 56 of the Act allowing the Home SecretaryHome SecretaryThe Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
to "deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good."
External links
- Emplaw.co.uk website: Immigration, Asylum and Nationality Act 2006
UK Legislation
- Explanatory notes to the Immigration, Asylum and Nationality Act 2006.