Immigration Bill (HL Bill 96)

Part 1 Removal and other powers

Removal

1 Removal of persons unlawfully in the United Kingdom

5For section 10 of the Immigration and Asylum Act 1999, substitute—

“10 Removal of persons unlawfully in the United Kingdom

(1) A person may be removed from the United Kingdom under the
authority of the Secretary of State or an immigration officer if the
person requires leave to enter or remain in the United Kingdom but
10does not have it.

(2) Where a person is liable to be or has been removed from the United
Kingdom under subsection (1), a member of the person’s family may
also be removed from the United Kingdom under the authority of the
Secretary of State or an immigration officer.

(3) 15For the purposes of removing a person from the United Kingdom
under subsection (1) or (2), the Secretary of State or an immigration

officer may give any such direction for the removal of the person as
may be given under paragraphs 8 to 10 of Schedule 2 to the 1971 Act.

(4) But subsection (3) does not apply where a deportation order is in force
against a person (and any directions for such a person’s removal must
5be given under Schedule 3 to the 1971 Act).

(5) The following paragraphs of Schedule 2 to the 1971 Act apply in
relation to directions under subsection (3) (and the persons subject to
those directions) as they apply in relation to directions under
paragraphs 8 to 10 of Schedule 2 (and the persons subject to those
10directions)—

(a) paragraph 11 (placing of person on board ship or aircraft);

(b) paragraph 16(2) to (4) (detention of person where reasonable
grounds for suspecting removal directions may be given or
pending removal in pursuance of directions);

(c) 15paragraph 17 (arrest of person liable to be detained and search
of premises for person liable to arrest);

(d) paragraph 18 (supplementary provisions on detention);

(e) paragraph 18A (search of detained person);

(f) paragraph 18B (detention of unaccompanied children);

(g) 20paragraphs 19 and 20 (payment of expenses of custody etc);

(h) paragraph 21 (temporary admission to UK of person liable to
detention);

(i) paragraphs 22 to 25 (bail);

(j) paragraphs 25A to 25E (searches etc).

(6) 25The Secretary of State may by regulations make further provision about
the removal of family members under this section or any other
provision of the Immigration Acts, and in particular about—

(a) when a person is considered to be a family member;

(b) the time period during which a family member may be
30removed;

(c) whether a family member to be removed is to be given notice,
and, if so—

(i) the effect that being given notice has on the person’s
leave, and

(ii) 35how notice is to be served.”

2 Restriction on removal of children and their parents etc

After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

“78A Restriction on removal of children and their parents etc

(1) This section applies in a case where—

(a) 40a child is to be removed from or required to leave the United
Kingdom, and

(b) an individual who—

(i) is a parent of the child or has care of the child, and

(ii) is living in a household in the United Kingdom with the
45child,

is also to be removed from or required to leave the United
Kingdom (a “relevant parent or carer”).

(2) During the period of 28 days beginning with the day on which the
relevant appeal rights are exhausted—

(a) 5the child may not be removed from or required to leave the
United Kingdom; and

(b) a relevant parent or carer may not be removed from or required
to leave the United Kingdom if, as a result, no relevant parent
or carer would remain in the United Kingdom.

(3) 10The relevant appeal rights are exhausted at the time when—

(a) neither the child, nor any relevant parent or carer, could bring
an appeal under section 82 (ignoring any possibility of an
appeal out of time with permission), and

(b) no appeal brought by the child, or by any relevant parent or
15carer, is pending within the meaning of section 104.

(4) Nothing in this section prevents any of the following during the period
of 28 days mentioned in subsection (2)—

(a) the giving of a direction for the removal of a person from the
United Kingdom,

(b) 20the making of a deportation order in respect of a person, or

(c) the taking of any other interim or preparatory action.

(5) In this section—

• “child” means a person who is aged under 18;

• references to a person being removed from or required to leave the
  25United Kingdom are to the person being removed or required
  to leave in accordance with a provision of the Immigration
  Acts.”

3 Independent Family Returns Panel

Before section 55 of the Borders, Citizenship and Immigration Act 2009,
30insert—

“54A Independent Family Returns Panel

(1) The Independent Family Returns Panel is established.

(2) The Secretary of State must consult the Independent Family Returns
Panel—

(a) 35in each family returns case, on how best to safeguard and
promote the welfare of the children of the family, and

(b) in each case where the Secretary of State proposes to detain a
family in pre-departure accommodation, on the suitability of so
doing, having particular regard to the need to safeguard and
40promote the welfare of the children of the family.

(3) A family returns case is a case where—

(a) a child who is living in the United Kingdom is to be removed
from or required to leave the United Kingdom, and

(b) an individual who—

(i) 45is a parent of the child or has care of the child, and

(ii) is living in a household in the United Kingdom with the
child,

is also to be removed from or required to leave the United
Kingdom.

(4) 5The Secretary of State may by regulations make provision about—

(a) additional functions of the Independent Family Returns Panel,

(b) its status and constitution,

(c) the appointment of its members,

(d) the payment of remuneration and allowances to its members,
10and

(e) any other matters in connection with its establishment and
operation.

(5) Regulations under this section must be made by statutory instrument.

(6) An instrument containing regulations under this section is subject to
15annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• “child” means a person who is under the age of 18;

• “pre-departure accommodation” has the same meaning as in Part
  8 of the Immigration and Asylum Act 1999;

• 20references to a person being removed from or required to leave the
  United Kingdom are to the person being removed or required
  to leave in accordance with a provision of the Immigration
  Acts.”

Powers of immigration officers

4 25Enforcement powers

Schedule 1 (enforcement powers) has effect.

Detention and bail

5 Restrictions on detention of unaccompanied children

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
30on entry etc) is amended as follows.

(2) In paragraph 16, after paragraph (2) insert—

“(2A) But the detention of an unaccompanied child under sub-paragraph
(2) is subject to paragraph 18B.”

(3) In paragraph 18, after sub-paragraph (1) insert—

“(1A) 35But the detention of an unaccompanied child under paragraph 16(2)
is subject to paragraph 18B.”

(4) After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

“18B (1) Where a person detained under paragraph 16(2) is an
unaccompanied child, the only place where the child may be
40detained is a short-term holding facility, except where—

(a) the child is being transferred to or from a short-term holding
facility, or

(b) sub-paragraph (3) of paragraph 18 applies.

(2) An unaccompanied child may be detained under paragraph 16(2) in
5a short-term holding facility for a maximum period of 24 hours, and
only for so long as the following two conditions are met.

(3) The first condition is that—

(a) directions are in force that require the child to be removed
from the short-term holding facility within the relevant 24
10hour period, or

(b) a decision on whether or not to give directions is likely to
result in such directions.

(4) The second condition is that the immigration officer under whose
authority the child is being detained reasonably believes that the
15child will be removed from the short-term holding facility within the
relevant 24 hour period in accordance with those directions.

(5) An unaccompanied child detained under paragraph 16(2) who has
been removed from a short-term holding facility and detained
elsewhere may be detained again in a short-term holding facility but
20only if, and for as long as, the relevant 24 hour period has not ended.

(6) An unaccompanied child who has been released following detention
under paragraph 16(2) may be detained again in a short-term
holding facility in accordance with this paragraph.

(7) In this paragraph—

• 25“relevant 24 hour period”, in relation to the detention of a child
  in a short-term holding facility, means the period of 24 hours
  starting when the child was detained (or, in a case falling
  within sub-paragraph (5), first detained) in a short-term
  holding facility;

• 30“short-term holding facility” has the same meaning as in Part 8
  of the Immigration and Asylum Act 1999;

• “unaccompanied child” means a person—

  (a)

  who is under the age of 18, and

  (b)

  who is not accompanied (whilst in detention) by his
  35or her parent or another individual who has care of
  him or her.”

6 Pre-departure accommodation for families

(1) Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained
persons) is amended as follows.

(2) 40In section 147 (interpretation)—

(a) after the definition of “custodial functions” insert—

• ““detained children” means detained persons who are
  under the age of 18;”;

(b) after the definition of “escort monitor” insert—

• ““pre-departure accommodation” means a place used
  solely for the detention of detained children and their
  families for a period of—

  (a)

  5not more than 72 hours, or

  (b)

  not more than seven days in cases where the
  longer period of detention is authorised
  personally by a Minister of the Crown (within
  the meaning of the Ministers of the Crown Act
  101975);”;

(c) in the definition of “removal centre”, after “facility,” insert “pre-
departure accommodation,”;

(d) in the definition of “short-term holding facility”, at the end insert—

• “but which is not pre-departure accommodation.”

(3) 15In section 155 (custodial functions and discipline), in subsection (2), at the end
insert “and in pre-departure accommodation”.

(4) After section 157 insert—

“157A Pre-departure accommodation

(1) The following provisions of this Part apply to pre-departure
20accommodation as they apply to removal centres—

(a) section 149 (contracting out of certain removal centres);

(b) section 150 (contracting out functions at directly managed
removal centres);

(c) section 151 (intervention by Secretary of State).

(2) 25In the application of those provisions to pre-departure
accommodation—

(a) references to a removal centre contract are to be read as a
contract made under section 149(1) for the provision or running
of pre-departure accommodation;

(b) 30references to a contracted out removal centre are to be read as
references to pre-departure accommodation in relation to
which a contract under section 149(1) is in force;

(c) references to a directly managed removal centre are to be read
as references to pre-departure accommodation in relation to
35which there is no contract under section 149(1) in force;

(d) references to removal centre rules are to be read as references to
rules made under subsection (4).

(3) The Secretary of State may by regulations extend to pre-departure
accommodation any other provision made by or under this Part in
40relation to removal centres.

(4) The Secretary of State may make rules for the regulation and
management of pre-departure accommodation.”

7 Immigration bail: repeat applications and effect of removal directions

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control
45on entry etc) is amended as follows.

(2) In paragraph 22 (bail) at the end insert—

“(4) A person must not be released on bail in accordance with this
paragraph without the consent of the Secretary of State if—

(a) directions for the removal of the person from the United
5Kingdom are for the time being in force, and

(b) the directions require the person to be removed from the
United Kingdom within the period of 14 days starting with
the date of the decision on whether the person should be
released on bail.”

(3) 10In paragraph 25—

(a) the existing paragraph is re-numbered as sub-paragraph (1);

(b) in that sub-paragraph, for “may” substitute “must”;

(c) after that sub-paragraph insert—

“(2) Tribunal Procedure Rules must secure that, where the First-
15tier Tribunal has decided not to release a person on bail under
paragraph 22, the Tribunal is required to dismiss without a
hearing any further application by the person for release on
bail (whether under paragraph 22 or otherwise) that is made
during the period of 28 days starting with the date of the
20Tribunal’s decision, unless the person demonstrates to the
Tribunal that there has been a material change in
circumstances.”

(4) In paragraph 29 (grant of bail pending appeal), in sub-paragraph (1), at the end
insert “(and paragraph 22 does not apply)”.

(5) 25In paragraph 30 (restrictions on grant of bail pending appeal), in sub-
paragraph (1)—

(a) after “if” insert “— (a)”;

(b) for “or the power to give such directions is for the time being
exercisable” substitute “and

(b) 30the directions require the person to be removed from
the United Kingdom within the period of 14 days
starting with the date of the decision on whether the
person should be released on bail.”

(6) After paragraph 33, insert—

“33A (1) 35Tribunal Procedure Rules must make provision with respect to
applications to the First-tier Tribunal under paragraphs 29 to 33 and
matters arising out of such applications.

(2) Tribunal Procedure Rules must secure that, where the First-tier
Tribunal has decided not to release a person on bail under paragraph
4029, the Tribunal is required to dismiss without a hearing any further
application by the person for release on bail (whether under
paragraph 29 or otherwise) that is made during the period of 28 days
starting with the date of the Tribunal’s decision, unless the person
demonstrates to the Tribunal that there has been a material change in
45circumstances.”

Biometrics

8 Provision of biometric information with immigration applications

(1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to
require provision of physical data with certain immigration applications) is
5amended as follows.

(2) In subsection (2), after paragraph (c) insert—

“(d) a transit visa (within the meaning of section 41 of the
Immigration and Asylum Act 1999), or

(e) a document issued as evidence that a person who is not a
10national of an EEA state or Switzerland is entitled to enter or
remain in the United Kingdom by virtue of an enforceable EU
right or of any provision made under section 2(2) of the
European Communities Act 1972.”

(3) In subsection (4), after paragraph (f) insert—

“(fa) 15provide for biometric information to be recorded on any
document issued as a result of the application in relation to
which the information was provided;”.

(4) In subsection (9), after the definition of “code” insert—

• ““document” includes a card or sticker and any other method of
  20recording information (whether in writing or by the use of
  electronic or other technology or by a combination of
  methods),”.

9 Identifying persons liable to detention

In paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take
25steps for identifying persons detained under paragraph 16 of that Schedule)
after “detained” insert “or liable to be detained”.

10 Provision of biometric information with citizenship applications

(1) Section 41 of the British Nationality Act 1981 (regulations for giving effect to
the Act) is amended as follows.

(2) 30In subsection (1), after paragraph (b) insert—

“(bza) requiring an application for registration or naturalisation of a
person as a British citizen to be accompanied by biometric
information, or enabling an authorised person to require an
individual to whom such an application relates to provide
35biometric information;”.

(3) After subsection (1) insert—

“(1ZA) In subsection (1)(bza) “authorised person” and “biometric information”
have the same meaning as in section 126 of the Nationality,
Immigration and Asylum Act 2002.

(1ZB) 40Section 126(4) to (7) of that Act applies to regulations under subsection
(1)(bza) as it applies to regulations under section 126(1) of that Act.

(1ZC) Section 8 of the UK Borders Act 2007 (power to make regulations about
use and retention of biometric information) applies to biometric
information provided in accordance with regulations under subsection
(1)(bza) as it applies to biometric information provided in accordance
5with regulations under section 5(1) of that Act.

(1ZD) But (despite section 8(5)(b) of that Act) regulations made by virtue of
subsection (1ZC) may provide for photographs of a person who is
registered or naturalised as a British citizen to be retained until the
person is issued with a United Kingdom passport describing the person
10as a British citizen.”

(4) In subsection (8)(b) for “(1)(bc)” substitute “(1)(bza), (bc)”.

11 Biometric immigration documents

After section 7(2) of the UK Borders Act 2007 (effect of failure to comply with
regulations about biometric immigration documents) insert—

“(2A) 15If the regulations require a biometric immigration document to be used
in connection with an application or claim, they may require or permit
the application or claim to be disregarded or refused if that requirement
is not complied with.”

12 Meaning of “biometric information”

(1) 20Section 15 of the UK Borders Act 2007 (biometric immigration documents:
interpretation) is amended as follows.

(2) In subsection (1), omit paragraphs (b) and (c).

(3) After subsection (1) insert—

“(1A) For the purposes of section 5 “biometric information” means—

(a) 25information about a person’s external physical characteristics
(including in particular fingerprints and features of the iris),
and

(b) any other information about a person’s physical characteristics
specified in an order made by the Secretary of State.

(1B) 30An order under subsection (1A)(b)—

(a) may specify only information that can be obtained or recorded
by an external examination of a person;

(b) must not specify information about a person’s DNA.

(1C) Section 6(6) applies to an order under subsection (1A)(b) as it applies to
35regulations under section 5(1).”

(4) Schedule 2 (which amends other enactments) has effect.

13 Safeguards for children

(1) Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.

(2) In paragraph 4 (power to take biometric information on examination), after