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51 | Refugee Convention: construction |
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(1) | In the construction and application of Article 1(F)(c) of the Refugee Convention |
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the reference to acts contrary to the purposes and principles of the United |
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Nations shall be taken as including, in particular— |
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(a) | acts of committing, preparing or instigating terrorism (whether or not |
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the acts amount to an actual or inchoate offence), and |
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(b) | acts of encouraging or inducing others to commit, prepare or instigate |
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terrorism (whether or not the acts amount to an actual or inchoate |
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(2) | Where the Secretary of State rejects an asylum claim wholly or partly on the |
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grounds that Article 1(F) of the Refugee Convention applies, or makes any |
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other decision wholly or partly in reliance on the application of that Article, the |
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Asylum and Immigration Tribunal or the Special Immigration Appeals |
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(a) | must begin its consideration of the Refugee Convention on any appeal |
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in which the rejection or decision is to be considered by considering |
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whether or not Article 1(F) applies, and |
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(b) | if it concludes that Article 1(F) applies, must dismiss the appeal in so far |
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as it relies on the Refugee Convention. |
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“asylum claim” means a claim by a person that to remove him from or |
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require him to leave the United Kingdom would be contrary to the |
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United Kingdom’s obligations under the Refugee Convention, |
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“the Refugee Convention” means the Convention relating to the Status of |
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Refugees done at Geneva on 28th July 1951, and |
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“terrorism” has the meaning given by section 1 of the Terrorism Act 2000 |
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(4) | Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
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(serious criminal: Tribunal or Commission to begin by considering certificate) |
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shall have effect subject to subsection (2)(a) above. |
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52 | Deprivation of citizenship |
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(1) | For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of |
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citizenship: prejudicing UK interests) substitute— |
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“(2) | The Secretary of State may by order deprive a person of a citizenship |
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status if the Secretary of State is satisfied that deprivation is conducive |
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(2) | At the end of section 40A(3) of that Act (deprivation: appeal) add— |
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(e) | section 108 (forged document: proceedings in private).”; |
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| (and omit the word “and” before section 40A(3)(d)). |
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53 | Deprivation of right of abode |
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(1) | After section 2 of the Immigration Act 1971 (c. 77) (right of abode) insert— |
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“2A | Deprivation of right of abode |
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(1) | The Secretary of State may by order remove from a specified person a |
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right of abode in the United Kingdom which he has under section |
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(2) | The Secretary of State may make an order under subsection (1) in |
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respect of a person only if the Secretary of State thinks that it would be |
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conducive to the public good for the person to be excluded or removed |
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(3) | An order under subsection (1) may be revoked by order of the Secretary |
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(4) | While an order under subsection (1) has effect in relation to a person— |
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(a) | section 2(2) shall not apply to him, and |
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(b) | any certificate of entitlement granted to him shall have no |
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(2) | In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) |
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(right of appeal: definition of immigration decision) after paragraph (ia) |
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“(ib) | a decision to make an order under section 2A of that Act |
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(deprivation of right of abode),”. |
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54 | Acquisition of British nationality, &c. |
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(1) | The Secretary of State shall not grant an application for registration as a citizen |
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of any description or as a British subject under a provision listed in subsection |
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(2) unless satisfied that the person is of good character. |
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(2) | Those provisions are— |
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(a) | sections 1(3) and (4), 3(1), (2) and (5), 4(2) and (5), 4A, 4B, 4C, 5, 10(1) |
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and (2), 13(1) and (3) of the British Nationality Act 1981 (c. 61) |
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(registration as British citizen), |
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(b) | sections 15(3) and (4), 17(1), (2) and (5), 22(1) and (2), 24, 27(1) and 32 of |
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that Act (registration as British overseas territories citizen, &c.), |
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(c) | section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41) |
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(registration as British citizen), |
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(d) | section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20) |
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(registration as British citizen), and |
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(e) | article 6(3) of the Hong Kong (British Nationality) Order 1986 (S.I. |
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1986/948) (registration as British Overseas citizen). |
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(3) | Where the Secretary of State makes arrangements under section 43 of the |
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British Nationality Act 1981 for a function to be exercised by some other |
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person, subsection (1) above shall have effect in relation to that function as if |
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the reference to the Secretary of State were a reference to that other person. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure of the Secretary of State in connection with this Act, |
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(b) | any increase attributable to this Act in sums payable under another |
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enactment out of money provided by Parliament. |
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Schedule 3 (repeals) shall have effect. |
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(1) | The preceding provisions of this Act shall come into force in accordance with |
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provision made by order of the Secretary of State. |
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(2) | An order under subsection (1)— |
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(a) | may make provision generally or only for specified purposes, |
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(b) | may make different provision for different purposes, |
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(c) | may include transitional or incidental provision or savings, and |
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(d) | shall be made by statutory instrument. |
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(a) | an amendment by this Act of another Act has the same extent as that |
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Act or as the relevant part of that Act (ignoring extent by virtue of an |
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(b) | a provision of this Act shall, so far as it relates to nationality, have the |
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same extent as the British Nationality Act 1981 (c. 61) (disregarding |
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excepted provisions under section 53(7) of that Act). |
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(3) | Her Majesty may by Order in Council direct that a provision of this Act is to |
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extend, with or without modification or adaptation, to— |
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(a) | any of the Channel Islands; |
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(4) | Subsection (3) does not apply in relation to the extension to a place of a |
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provision which extends there by virtue of subsection (2)(b). |
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(1) | This Act may be cited as the Immigration, Asylum and Nationality Act 2006. |
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(2) | A reference (in any enactment, including one passed or made before this Act) |
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to “the Immigration Acts” is to— |
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(a) | the Immigration Act 1971 (c. 77), |
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(b) | the Immigration Act 1988 (c. 14), |
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(c) | the Asylum and Immigration Appeals Act 1993 (c. 23), |
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(d) | the Asylum and Immigration Act 1996 (c. 49), |
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(e) | the Immigration and Asylum Act 1999 (c. 33), |
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(f) | the Nationality, Immigration and Asylum Act 2002 (c. 41), |
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(g) | the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. |
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(3) | The following shall cease to have effect— |
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(a) | section 32(5) of the Immigration Act 1971 (“the Immigration Acts”), |
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(b) | in section 167(1) of the Immigration and Asylum Act 1999, the |
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definition of “the Immigration Acts”, |
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(c) | section 158 of the Nationality, Immigration and Asylum Act 2002 (“the |
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(d) | section 44 of the Asylum and Immigration (Treatment of Claimants, |
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etc.) Act 2004 (c. 19) (“the Immigration Acts”). |
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(4) | In Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) at the |
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appropriate place insert— |
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““The Immigration Acts” has the meaning given by section 59 of the |
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Immigration, Asylum and Nationality Act 2006.” |
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