Nationality and Borders Bill (HL Bill 82)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, have been ordered to be
published as HL Bill 82—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Baroness Williams of Trafford has made the following statement under section
19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Nationality and Borders Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    Nationality

    1. British overseas territories citizenship

      1. 1.Historical inability of mothers to transmit citizenship

      2. 2.Historical inability of unmarried fathers to transmit citizenship

      3. 3.Sections 1 and 2: related British citizenship

      4. 4.Period for registration of person born outside the British overseas territories

    2. British citizenship

      1. 5.Disapplication of historical registration requirements

      2. 6.Citizenship where mother married to someone other than natural father

    3. Powers of the Secretary of State relating to citizenship etc

      1. 7.Citizenship: registration in special cases

      2. 8.Requirements for naturalisation etc

      3. 9.Notice of decision to deprive a person of citizenship

    4. Registration of stateless minors

      1. 10.Citizenship: stateless minors

  2. Part 2

    Asylum

    1. Treatment of refugees; support for asylum-seekers

      1. 11.Differential treatment of refugees

      2. 12.Accommodation for asylum-seekers etc

    2. Place of claim

      1. 13.Requirement to make asylum claim at “designated place”

    3. Inadmissibility

      1. 14.Asylum claims by EU nationals: inadmissibility

      2. 15.Asylum claims by persons with connection to safe third State: inadmissibility

      3. 16.Clarification of basis for support where asylum claim inadmissible

    4. Supporting evidence

      1. 17.Provision of evidence in support of protection or human rights claim

      2. 18.Asylum or human rights claim: damage to claimant’s credibility

    5. Priority removal notices

      1. 19.Priority removal notices

      2. 20.Priority removal notices: supplementary

      3. 21.Late compliance with priority removal notice: damage to credibility

      4. 22.Priority removal notices: expedited appeals

      5. 23.Expedited appeals: joining of related appeals

      6. 24.Civil legal services for recipients of priority removal notices

    6. Late evidence

      1. 25.Late provision of evidence in asylum or human rights claim: weight

    7. Appeals

      1. 26.Accelerated detained appeals

      2. 27.Claims certified as clearly unfounded: removal of right of appeal

    8. Removal to safe third country

      1. 28.Removal of asylum seeker to safe country

    9. Interpretation of Refugee Convention

      1. 29.Refugee Convention: general

      2. 30.Article 1(A)(2): persecution

      3. 31.Article 1(A)(2): well-founded fear

      4. 32.Article 1(A)(2): reasons for persecution

      5. 33.Article 1(A)(2): protection from persecution

      6. 34.Article 1(A)(2): internal relocation

      7. 35.Article 1(F): disapplication of Convention in case of serious crime etc

      8. 36.Article 31(1): immunity from penalties

      9. 37.Article 33(2): particularly serious crime

    10. Interpretation

      1. 38.Interpretation of Part 2

  3. Part 3

    Immigration Control

    1. Immigration offences and penalties

      1. 39.Illegal entry and similar offences

      2. 40.Assisting unlawful immigration or asylum seeker

      3. 41.Penalty for failure to secure goods vehicle

    2. Working in United Kingdom waters: arrival and entry

      1. 42.Working in United Kingdom waters: arrival and entry

    3. Enforcement

      1. 43.Power to search container unloaded from ship or aircraft

      2. 44.Maritime enforcement

    4. Removals

      1. 45.Removals: notice requirements

      2. 46.Prisoners liable to removal from the United Kingdom

    5. Immigration bail

      1. 47.Matters relevant to decisions relating to immigration bail

  4. Part 4

    Age Assessments

    1. Age Assessments

    2. 48.Interpretation of Part etc

    3. 49.Persons subject to immigration control: referral or assessment by local authority etc

    4. 50.Persons subject to immigration control: assessment for immigration purposes

    5. 51.Use of scientific methods in age assessments

    6. 52.Regulations about age assessments

    7. 53.Appeals relating to age assessments

    8. 54.Appeals relating to age assessments: supplementary

    9. 55.New information following age assessment or appeal

    10. 56.Civil legal services relating to age assessments

  5. Part 5

    Modern Slavery

    1. 57.Provision of information relating to being a victim of slavery or human trafficking

    2. 58.Late compliance with slavery or trafficking information notice: damage to credibility

    3. 59.Identification of potential victims of slavery or human trafficking

    4. 60.Identified potential victims of slavery or human trafficking: recovery period

    5. 61.No entitlement to additional recovery period etc

    6. 62.Identified potential victims etc: disqualification from protection

    7. 63.Identified potential victims etc in England and Wales: assistance and support

    8. 64.Leave to remain for victims of slavery or human trafficking

    9. 65.Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism

    10. 66.Civil legal services under section 10 of LASPO: add-on services in relation to national referral mechanism

    11. 67.Disapplication of retained EU law deriving from Trafficking Directive

    12. 68.Part 5: interpretation

  6. Part 6

    Miscellaneous

    1. 69.Removals from the UK: visa penalties for uncooperative countries

    2. 70.Visa penalties: review and revocation

    3. 71.Electronic travel authorisations

    4. 72.Liability of carriers

    5. 73.Special Immigration Appeals Commission

    6. 74.Counter-terrorism questioning of detained entrants away from place of arrival

    7. 75.References to justices of the peace in relation to Northern Ireland

    8. 76.Tribunal charging power in respect of wasted resources

    9. 77.Tribunal Procedure Rules to be made in respect of costs orders etc

    10. 78.Pre-consolidation amendments of immigration legislation

  7. Part 7

    General

    1. 79.Financial provision

    2. 80.Transitional and consequential provision

    3. 81.Regulations

    4. 82.Extent

    5. 83.Commencement

    6. 84.Short title

    1. Schedule 1

      Waiver of requirement of presence in UK etc

    2. Schedule 2

      Expedited appeals where priority removal notice served: consequential amendments

    3. Schedule 3

      Removal of asylum seeker to safe country

    4. Schedule 4

      Penalty for failure to secure goods vehicle etc

    5. Schedule 5

      Working in United Kingdom waters: consequential and related amendments

    6. Schedule 6

      Maritime enforcement

    7. Schedule 7

      Prisoners returning to the UK: Modifications of Criminal Justice Act 2003