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Immigration, Asylum and Nationality Bill


Immigration, Asylum and Nationality Bill

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51      

Refugee Convention: construction

(1)   

In the construction and application of Article 1(F)(c) of the Refugee Convention

the reference to acts contrary to the purposes and principles of the United

Nations shall be taken as including, in particular—

(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

(b)   

acts of encouraging or inducing others to commit, prepare or instigate

terrorism (whether or not the acts amount to an actual or inchoate

offence).

(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

other decision wholly or partly in reliance on the application of that Article, the

Asylum and Immigration Tribunal or the Special Immigration Appeals

Commission—

(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

whether or not Article 1(F) applies, and

(b)   

if it concludes that Article 1(F) applies, must dismiss the appeal in so far

as it relies on the Refugee Convention.

(3)   

In this section—

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“asylum claim” means a claim by a person that to remove him from or

require him to leave the United Kingdom would be contrary to the

United Kingdom’s obligations under the Refugee Convention,

“the Refugee Convention” means the Convention relating to the Status of

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

(c. 11).

(4)   

Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(serious criminal: Tribunal or Commission to begin by considering certificate)

shall have effect subject to subsection (2)(a) above.

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52      

Deprivation of citizenship

(1)   

For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of

citizenship: prejudicing UK interests) substitute—

“(2)   

The Secretary of State may by order deprive a person of a citizenship

status if the Secretary of State is satisfied that deprivation is conducive

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to the public good.”

(2)   

At the end of section 40A(3) of that Act (deprivation: appeal) add—

   

“, and

(e)   

section 108 (forged document: proceedings in private).”;

   

(and omit the word “and” before section 40A(3)(d)).

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Immigration, Asylum and Nationality Bill

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53      

Deprivation of right of abode

(1)   

After section 2 of the Immigration Act 1971 (c. 77) (right of abode) insert—

“2A     

Deprivation of right of abode

(1)   

The Secretary of State may by order remove from a specified person a

right of abode in the United Kingdom which he has under section

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2(1)(b).

(2)   

The Secretary of State may make an order under subsection (1) in

respect of a person only if the Secretary of State thinks that it would be

conducive to the public good for the person to be excluded or removed

from the United Kingdom.

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(3)   

An order under subsection (1) may be revoked by order of the Secretary

of State.

(4)   

While an order under subsection (1) has effect in relation to a person—

(a)   

section 2(2) shall not apply to him, and

(b)   

any certificate of entitlement granted to him shall have no

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effect.”

(2)   

In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(right of appeal: definition of immigration decision) after paragraph (ia)

insert—

“(ib)   

a decision to make an order under section 2A of that Act

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(deprivation of right of abode),”.

54      

Acquisition of British nationality, &c.

(1)   

The Secretary of State shall not grant an application for registration as a citizen

of any description or as a British subject under a provision listed in subsection

(2) unless satisfied that the person is of good character.

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(2)   

Those provisions are—

(a)   

sections 1(3) and (4), 3(1), (2) and (5), 4(2) and (5), 4A, 4B, 4C, 5, 10(1)

and (2), 13(1) and (3) of the British Nationality Act 1981 (c. 61)

(registration as British citizen),

(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.),

(c)   

section 1 of the Hong Kong (War Wives and Widows) Act 1996 (c. 41)

(registration as British citizen),

(d)   

section 1 of the British Nationality (Hong Kong) Act 1997 (c. 20)

(registration as British citizen), and

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(e)   

article 6(3) of the Hong Kong (British Nationality) Order 1986 (S.I.

1986/948) (registration as British Overseas citizen).

(3)   

Where the Secretary of State makes arrangements under section 43 of the

British Nationality Act 1981 for a function to be exercised by some other

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.

 
 

Immigration, Asylum and Nationality Bill

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General

55      

Money

There shall be paid out of money provided by Parliament—

(a)   

any expenditure of the Secretary of State in connection with this Act,

and

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(b)   

any increase attributable to this Act in sums payable under another

enactment out of money provided by Parliament.

56      

Repeals

Schedule 3 (repeals) shall have effect.

57      

Commencement

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(1)   

The preceding provisions of this Act shall come into force in accordance with

provision made by order of the Secretary of State.

(2)   

An order under subsection (1)—

(a)   

may make provision generally or only for specified purposes,

(b)   

may make different provision for different purposes,

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(c)   

may include transitional or incidental provision or savings, and

(d)   

shall be made by statutory instrument.

58      

Extent

(1)   

This Act extends to—

(a)   

England and Wales,

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(b)   

Scotland, and

(c)   

Northern Ireland.

(2)   

But—

(a)   

an amendment by this Act of another Act has the same extent as that

Act or as the relevant part of that Act (ignoring extent by virtue of an

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Order in Council), and

(b)   

a provision of this Act shall, so far as it relates to nationality, have the

same extent as the British Nationality Act 1981 (c. 61) (disregarding

excepted provisions under section 53(7) of that Act).

(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—

(a)   

any of the Channel Islands;

(b)   

the Isle of Man.

(4)   

Subsection (3) does not apply in relation to the extension to a place of a

provision which extends there by virtue of subsection (2)(b).

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59      

Citation

(1)   

This Act may be cited as the Immigration, Asylum and Nationality Act 2006.

(2)   

A reference (in any enactment, including one passed or made before this Act)

to “the Immigration Acts” is to—

 
 

Immigration, Asylum and Nationality Bill

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(a)   

the Immigration Act 1971 (c. 77),

(b)   

the Immigration Act 1988 (c. 14),

(c)   

the Asylum and Immigration Appeals Act 1993 (c. 23),

(d)   

the Asylum and Immigration Act 1996 (c. 49),

(e)   

the Immigration and Asylum Act 1999 (c. 33),

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(f)   

the Nationality, Immigration and Asylum Act 2002 (c. 41),

(g)   

the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.

19), and

(h)   

this Act.

(3)   

The following shall cease to have effect—

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(a)   

section 32(5) of the Immigration Act 1971 (“the Immigration Acts”),

(b)   

in section 167(1) of the Immigration and Asylum Act 1999, the

definition of “the Immigration Acts”,

(c)   

section 158 of the Nationality, Immigration and Asylum Act 2002 (“the

Immigration Acts”), and

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(d)   

section 44 of the Asylum and Immigration (Treatment of Claimants,

etc.) Act 2004 (c. 19) (“the Immigration Acts”).

(4)   

In Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) at the

appropriate place insert—

““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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