Immigration, Asylum and Nationality Act 2006

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Immigration, Asylum and Nationality Act 2006 [1]
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision about immigration, asylum and nationality; and for connected purposes.
Citation 2006 c 13
Dates
Royal assent 30 March 2006
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Immigration, Asylum and Nationality Act 2006 (c 13) is an Act of the Parliament of the United Kingdom.

Contents

It is the fifth major[ according to whom? ] piece of legislation relating to immigration and asylum since 1993.

Commencement Orders

Although the Act received Royal Assent on 30 March, its provisions did not take effect immediately, until a series of commencement orders brought the provisions into force incrementally:

Summary of changes

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 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 fingerprints) 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.

Citizenship and Right of Abode

The Act contains several provisions empowering the Home Secretary to deprive a person of British citizenship (or Right of Abode) if it is considered that such deprivation is "conducive to the public good".

Notable applications of the Act

See also

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References

  1. The citation of this Act by this short title is authorised by section 64(1) of this Act.
  2. Nicholas Blake QC: Why is there no song and dance about this Act?, The Times , 25 April 2005.
  3. Cobain, Ian (15 August 2011). "Home Office stripping more dual-nationality Britons of citizenship". The Guardian .

UK Legislation