| The Immigration Asylum & Nationality Act | | | | individual without permission to work allowing on |
| 2006 is the fifth major piece of legislation in the | | | | the spot fines of up to £2000 per illegal |
| field of asylum and immigration since 1993. | | | | worker. |
| Commencement | | | | Section 23 imposes an obligation on the Home |
| The Immigration Asylum & Nationality Act | | | | Secretary to issue a Code of Practice specifying |
| 2006 received Royal Assent on the 30th March | | | | what employers should do to avoid: |
| 2006 and by virtue of a second commencement | | | | (1) liability to civil penalties, |
| order, the main provisions took effect on 31 | | | | (2) the commission of offences under section 21 |
| August 2006 by virtue of the Immigration, | | | | and |
| Asylum and Nationality Act 2006 | | | | (3) discrimination which would be contrary to race |
| (Commencement No.2) Order 2006. | | | | relations legislation. |
| Appeals | | | | Information |
| The first sections of the Act are concerned with | | | | Section 27 relates to provisions on detention and |
| appeals and impose new restrictions on the right | | | | examination of passports and other documents |
| to appeal against Home Office asylum or | | | | produced by passengers or those found on them |
| immigration decisions. The most significant is | | | | while being examined under Schedule 2. It also |
| section 4 which limits the right of appeal against | | | | provides a new power to enable immigration |
| refusal of entry clearance to cases in which the | | | | officers to require passengers being examined |
| application for entry clearance was made either | | | | under Schedule 2 to provide biometric information |
| for the purpose of entering as a dependant or a | | | | such as fingerprints for the purpose of |
| visitor - in both cases limited by reference to | | | | ascertaining whether a passenger in question is |
| regulations made by the Home Secretary. | | | | the rightful holder of the passport or other |
| Significantly, there will no longer be a right of | | | | document he produces. Section 29 imposes |
| appeal against refusal of entry clearance as a | | | | stricter time limits on people seeking asylum to |
| student. | | | | attend for fingerprinting than on people in other |
| Section 1 inserts a new section 83A into the | | | | categories. |
| Immigration, Nationality and Asylum Act 2002 to | | | | Section 32 gives the police powers to require |
| introduce a new right of appeal for people who | | | | advance information about passengers and crew |
| are no longer recognised as refugees but who are | | | | or freight of ships and aircraft arriving, expected |
| permitted to stay in the UK on some other basis. | | | | to arrive, leaving or expected to leave the United |
| Section 2 amends section 82(2)(g) of the 2002 | | | | Kingdom. Existing powers of the H.M. Revenue and |
| Act to provide a right of appeal against a decision | | | | Customs to obtain such information are by |
| to remove under section 10(1)(b) of the 1999 | | | | Section 33 is extended to ships and aircraft |
| Act. This will give the person a separate right of | | | | arriving or expected to arrive in the United |
| appeal at each of the two decision stages; the | | | | Kingdom. |
| first at the revocation stage and the second at | | | | Section 54 broadens the exclusion clause in 1F(c) |
| the stage the decision to remove is taken. | | | | of the Refugee Convention. Provides that where |
| Section 3 amends section 84 of the 2002 Act. It | | | | the Secretary of State rejects an asylum claim |
| provides that an appeal under the new section | | | | wholly or partly on the basis of Article 1F, the |
| 83A may only be brought on the ground that | | | | Asylum and Immigration Tribunal or the Special |
| removal would breach the United Kingdom's | | | | Immigration Appeals Commission (SIAC) must |
| obligations under the Refugee Convention. Section | | | | begin its deliberations on the asylum aspects of |
| 4 substitutes one provision for Sections 88A, 90 | | | | any appeal by considering whether or nor Article |
| and 91 of the 2002 Act which limits all appeals | | | | 1F applies and if it does it must dismiss the appeal |
| against refusal of entry clearance to limited | | | | in so far as it relies on the Refugee Convention. |
| grounds (human rights and race discrimination), | | | | Section 55 empowers the Home Secretary to |
| with the exception of those listed in the | | | | issue a certificate declaring that the appellant is |
| categories. By section 6 a person may not appeal | | | | not entitled to the protection of Article 33.1 of the |
| against refusal of leave to enter the United | | | | Convention because one or other of the |
| Kingdom unless: (1) on his arrival in the United | | | | exclusions applies. If such a certificate is issued, |
| Kingdom he had entry clearance and (2) the | | | | the Asylum and Immigration Tribunal is required |
| purpose of entry specified in the entry clearance | | | | by section 55 to begin its hearing of the appeal by |
| is the same as that specified in his application for | | | | considering the contents of the certificate. If the |
| leave to enter. Section 89 of the 2002 Act | | | | Tribunal agrees with the certificate then there will |
| restricts rights of appeal against refusal of | | | | be no necessity to consider the evidence which |
| permission to enter at the port of both visitors | | | | the appellant would otherwise adduce in support |
| and students who do not hold an entry clearance. | | | | of his asylum appeal. In other words the Tribunal |
| This restriction limits the grounds of appeal to | | | | is now able to dismiss an appeal on this |
| human rights and race discrimination. If the appeal | | | | preliminary point. |
| is exercised in the UK it is restricted to asylum. A | | | | Provisions on citizenship |
| right of appeal remains in all cases on both human | | | | Section 40(2) of the British Nationality Act 1981 |
| rights and race discrimination grounds. | | | | empowers the Home Secretary to deprive a |
| Section 7 provides powers to hear only human | | | | person of British citizenship if he is satisfied that |
| rights aspects of national security appeal cases in | | | | that person has done something prejudicial to the |
| country with the national security aspects of the | | | | vital interests of the United Kingdom or a British |
| case. | | | | overseas territory. Such an order may not be |
| Employment | | | | made if the person concerned is thereby |
| Section 15 imposes civil (and not criminal) penalties | | | | rendered stateless. Section 56 of the 2006 Act |
| in the form of fines on employers of persons | | | | amends the wording so that the Home Secretary |
| over the age of 16 subject to immigration control | | | | must be satisfied that deprivation of citizenship is |
| in defined circumstances. A person is subject to | | | | conducive to the public good Section 2 of the |
| immigration control if he requires leave to enter | | | | Immigration Act 1971 defines "right of abode in |
| or remain in the United Kingdom under the | | | | the United Kingdom" as extending to British |
| provisions of the Immigration Act 1971. The | | | | citizens and to Commonwealth citizens who |
| defined circumstances are that: | | | | acquired that right before the commencement of |
| (1) the employee had no leave to enter or remain | | | | the British Nationality Act 1981. By section 57 the |
| or | | | | Home Secretary is empowered to deprive a |
| (2) his leave was invalid, had expired or otherwise | | | | person of the right of abode if he thinks that it |
| prevented him from accepting employment. | | | | would be conducive to the public good for the |
| Provision is made in Sections 16 and 17 for | | | | person concerned to be excluded or removed |
| objections on the part of the employer to the | | | | from the United Kingdom. |
| imposition of a penalty and for appeal to a | | | | Various provisions of the British Nationality Act |
| County Court against such an imposition. | | | | 1981 deal with the registration of persons as |
| By section 21, if the employer knowingly employs | | | | British citizens or as British overseas territories |
| an over-16 subject to immigration control he | | | | citizens. Section 58(1) now precludes the |
| commits an offence which is punishable (on | | | | registration as a citizen of any description of any |
| indictment) to imprisonment for a term not | | | | person falling within the categories concerned |
| exceeding two years or on summary conviction | | | | unless the Home Secretary is satisfied that the |
| for a term not exceeding 12 months and/or in | | | | person concerned is of good character. |
| either case to a fine. If the employer employs an | | | | |