Immigration, Asylum and Nationality Act 2006

Last updated

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Text of statute as originally enacted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

Related Research Articles

<span class="mw-page-title-main">British subject</span> Legal term that has evolved over time

The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire. Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.

Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the former territories of the British Empire and the European Union.

<span class="mw-page-title-main">British Nationality Act 1981</span> Act of Parliament of the United Kingdom

The British Nationality Act 1981 (c. 61) is an act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.

<span class="mw-page-title-main">British Overseas citizen</span> Type of British national associated with former colonies

A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.

<span class="mw-page-title-main">Belonger status</span> Legal status recognizing close ties to a specific territory

Belonger status is a legal classification normally associated with British Overseas Territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.

<span class="mw-page-title-main">Immigration Act 1971</span> United Kingdom legislation

The Immigration Act 1971 is an act of the Parliament of the United Kingdom concerning immigration and nearly entirely remaking the field of British immigration law. The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricts immigration, especially primary immigration into the UK. It introduced the concept of patriality or right of abode. It was also partly passed to legally clarify the rights of Commonwealth citizens within the United Kingdom in preparation for membership of the European Communities (EC) in which the United Kingdom would become a member state from 1 January 1973. It was coincidentally the same day which the Act came into full legal force which gave not only new automatic rights to EC member state citizens but would also give them priority over non-EC citizens under the obligations of the Treaty of Rome, of which the UK become a signatory though the Treaty of Accession, signed on 22 January 1972. In relation to deportation notices, the Act is referenced at sections 11 and 23 of the Terrorism Act 2000.

<span class="mw-page-title-main">British nationality law and Hong Kong</span> Status of Hong Kong people in United Kingdom law

British nationality law as it pertains to Hong Kong has changed over time since it became a British colony in 1842. Hongkongers were given various nationality statuses, such as British subjects, Citizen of the United Kingdom and Colonies, British Dependent Territories Citizen and British Nationals (Overseas).

<span class="mw-page-title-main">History of British nationality law</span> United Kingdom legislation

This article concerns the history of British nationality law.

<span class="mw-page-title-main">British Overseas Territories citizen</span> Type of British nationality

A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the populated British Overseas Territories, other than the Falkland Islands or Gibraltar.

<span class="mw-page-title-main">British protected person</span> A residual class of British nationality

A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British nationals, but are neither British nor Commonwealth citizens. Nationals of this class are subject to immigration controls when entering the United Kingdom and do not have the automatic right of abode there or any other country.

<span class="mw-page-title-main">Canadian immigration and refugee law</span>

Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties.

<span class="mw-page-title-main">Right of abode in the United Kingdom</span> British immigration status

The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.

<span class="mw-page-title-main">Asylum and Immigration (Treatment of Claimants, etc.) Act 2004</span> United Kingdom legislation

The Asylum and Immigration Act 2004 is an Act of the Parliament of the United Kingdom. It set various rules for immigrants to the United Kingdom. In 2006, section 19 of the Act was declared to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms under section 4 of the Human Rights Act 1998.

<span class="mw-page-title-main">British Nationality Act 1948</span> Act of Parliament of the United Kingdom

The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national citizenship of the United Kingdom and all of its colonies.

<span class="mw-page-title-main">British nationality law</span> History and regulations of British nationalities

The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies ; and the 14 British Overseas Territories.

<span class="mw-page-title-main">Nationality, Immigration and Asylum Act 2002</span> United Kingdom legislation

The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.

United Kingdom immigration law is the law that relates to who may enter, work in and remain in the United Kingdom. There are many reasons as to why people may migrate; the three main reasons being seeking asylum, because their home countries have become dangerous, people migrating for economic reasons and people migrating to be reunited with family members.

Shamima Begum is a British-born woman who entered Syria to join the Islamic State at the age of 15. As of 2024, she is living in al-Roj detention camp in Syria.

<i>R. (Adam, Limbuela and Tesema) v Secretary of State for the Home Department</i>

R. v Secretary of State for the Home Department was a case decided on 3 November 2005 by the UK House of Lords that determined whether or not a delay in initiating an application to seek asylum limited an individual from receiving access to state relief. Furthermore, the case questioned whether this denial of state relief constituted a breach of the European Convention on Human Rights 1950 ('ECHR').

<i>Begum v Home Secretary</i> 2021 Supreme Court of the United Kingdom case

Begum v Home Secretary [2021] UKSC 7 is the short name of three closely connected proceedings considered together in the Supreme Court of the United Kingdom, R v Special Immigration Appeals Commission; R v Secretary of State for the Home Department; and Begum v Secretary of State for the Home Department, concerning Shamima Begum, a woman born in the United Kingdom who at the age of 15 travelled to Syria to join the Islamic State of Iraq and the Levant (ISIS). Her intention to return to England in 2019 resulted in a public debate about the handling of returning jihadists.

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? [ dead link ], The Times , 25 April 2005.
  3. Cobain, Ian (15 August 2011). "Home Office stripping more dual-nationality Britons of citizenship". The Guardian .

UK Legislation