Nationality and Borders Act 2022

Cited authorities (102)

Cited in

Amendments (84)

Jurisdiction	UK Non-devolved
Citation	2022 c. 36
Year	2022

Contenidos

Nationality and Borders Act 2022
PART 1: Nationality

British overseas territories citizenship

1: Historical inability of mothers to transmit citizenship
2: Historical inability of unmarried fathers to transmit citizenship
3: Provision for Chagos Islanders to acquire British Nationality
4: Sections 1 to 3: related British citizenship
5: Period for registration of person born outside the British overseas territories

British citizenship

6: Disapplication of historical registration requirements
7: Citizenship where mother married to someone other than natural father

Powers of the Secretary of State relating to citizenship etc

8: Citizenship: registration in special cases
9: Requirements for naturalisation etc
10: Notice of decision to deprive a person of citizenship

Registration of stateless minors

11: Citizenship: stateless minors

PART 2: Asylum

Treatment of refugees; support for asylum-seekers

12: Differential treatment of refugees
13: Accommodation for asylum-seekers etc

Place of claim

14: Requirement to make asylum claim at “designated place”

Inadmissibility

15: Asylum claims by EU nationals: inadmissibility
16: Asylum claims by persons with connection to safe third State: inadmissibility
17: Clarification of basis for support where asylum claim inadmissible

Supporting evidence

18: Provision of evidence in support of protection or human rights claim
19: Asylum or human rights claim: damage to claimant’s credibility

Priority removal notices

20: Priority removal notices
21: Priority removal notices: supplementary
22: Late compliance with priority removal notice: damage to credibility
23: Priority removal notices: expedited appeals
24: Expedited appeals: joining of related appeals
25: Civil legal services for recipients of priority removal notices

Late evidence

26: Late provision of evidence in asylum or human rights claim: weight

Appeals

27: Accelerated detained appeals
28: Claims certified as clearly unfounded: removal of right of appeal

Removal to safe third country

29: Removal of asylum seeker to safe country

Interpretation of Refugee Convention

30: Refugee Convention: general
31: Article 1(A)(2): persecution
32: Article 1(A)(2): well-founded fear
33: Article 1(A)(2): reasons for persecution
34: Article 1(A)(2): protection from persecution
35: Article 1(A)(2): internal relocation
36: Article 1(F): disapplication of Convention in case of serious crime etc
37: Article 31(1): immunity from penalties
38: Article 33(2): particularly serious crime

Interpretation

39: Interpretation of Part 2

PART 3: Immigration Control

Immigration offences and penalties

40: Illegal entry and similar offences
41: Assisting unlawful immigration or asylum seeker
42: Penalty for failure to secure goods vehicle

Working in United Kingdom waters: arrival and entry

43: Working in United Kingdom waters: arrival and entry

Enforcement

44: Power to search container unloaded from ship or aircraft
45: Maritime enforcement

Removals

46: Removals: notice requirements
47: Prisoners liable to removal from the United Kingdom

Immigration bail

48: Matters relevant to decisions relating to immigration bail

PART 4: Age Assessments

49: Interpretation of Part etc
50: Persons subject to immigration control: referral or assessment by local authority etc
51: Persons subject to immigration control: assessment for immigration purposes
52: Use of scientific methods in age assessments
53: Regulations about age assessments
54: Appeals relating to age assessments
55: Appeals relating to age assessments: supplementary
56: New information following age assessment or appeal
57: Civil legal services relating to age assessments

PART 5: Modern Slavery

58: Provision of information relating to being a victim of slavery or human trafficking
59: Late compliance with slavery or trafficking information notice: damage to credibility
60: Identification of potential victims of slavery or human trafficking
61: Identified potential victims of slavery or human trafficking: recovery period
62: No entitlement to additional recovery period etc
63: Identified potential victims etc: disqualification from protection
64: Identified potential victims etc in England and Wales: assistance and support
65: Leave to remain for victims of slavery or human trafficking
66: Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism
67: Civil legal services under section 10 of LASPO: add-on services in relation to national referral mechanism
^F2 68: Disapplication of retained EU law deriving from Trafficking Directive
69: Part 5: interpretation

PART 6: Miscellaneous

70: Visa penalty provision: general
71: Visa penalties for countries posing risk to international peace and security etc
72: Removals from the UK: visa penalties for uncooperative countries
73: Visa penalties under section 71: review and revocation
74: Visa penalties under section 72: review and revocation
75: Electronic travel authorisations
76: Liability of carriers
77: Special Immigration Appeals Commission
78: Counter-terrorism questioning of detained entrants away from place of arrival
79: References to justices of the peace in relation to Northern Ireland
80: Tribunal charging power in respect of wasted resources
81: Tribunal Procedure Rules to be made in respect of costs orders etc
82: Pre-consolidation amendments of immigration legislation

PART 7: General

83: Financial provision
84: Transitional and consequential provision
85: Regulations
86: Extent
87: Commencement
88: Short title

SCHEDULES

SCHEDULE 1: (Section 9) Waiver of requirement of presence in UK etc

Amendments to the British Nationality Act 1981
Consequential amendment

SCHEDULE 2: (Section 10(4)) Deprivation of Citizenship without notice: judicial oversight
SCHEDULE 3: (Section 23) Expedited appeals where priority removal notice served: consequential amendments
SCHEDULE 4: (Section 29) Removal of asylum seeker to safe country

Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002
Amendments to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004: introductory
Amendments consequential on amendments to section 77 of the 2002 Act
Rebuttable presumption of safety of specified countries in relation to Convention rights
Safe countries
Appeal rights
Consequential amendments
Transitional provision

SCHEDULE 5: (Section 42) Penalty for failure to secure goods vehicle etc
SCHEDULE 6: (Section 43(2)) Working in United Kingdom waters: consequential and related amendments

Immigration Act 1971 (c 77)
Immigration, Asylum and Nationality Act 2006 (c 13)

SCHEDULE 7: (Section 45) Maritime enforcement
SCHEDULE 8: (Section 47(11)) Prisoners returning to the UK: Modifications of Criminal Justice Act 2003

Nationality and Borders Act 2022

2022 CHAPTER 36

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]

e 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:—

Modifications etc. (not altering text)

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))

PART 1: Nationality

British overseas territories...

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