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Immigration, Asylum and Nationality Act 2006

Sections and provisions with full text and the judgments that cite each one.

Section 1 — Variation of leave to enter or remain

Variation of leave to enter or remain 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 — Removal

Removal 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2A — Deprivation of right of abode

Deprivation of right of abode 2A 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 2(1)(b). 2 The Secretary of…

Section 3 — Grounds of appeal

Grounds of appeal 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3D — Continuation of leave following revocation

Continuation of leave following revocation 3D 1 This section applies if a person's leave to enter or remain in the United Kingdom— a is varied with the result that he has no leave to enter or remain…

Section 4 — Entry clearance

Entry clearance 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5 — Failure to provide documents

Failure to provide documents 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6 — Refusal of leave to enter

Refusal of leave to enter 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7 — Deportation

Deportation 7 1 After section 97 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: national security) insert— National security: deportation 97A 1 This section applies where the…

Section 8 — Legal aid

Legal aid 8 1 Section 103D of the Nationality, Immigration and Asylum Act 2002 (c. 41) (reconsideration: legal aid) shall be amended as follows. 2 In subsection (2) for the words “where the Tribunal…

Section 9 — Abandonment of appeal

Abandonment of appeal 9 For section 104(4) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (pending appeal: deemed abandonment) substitute— 4 An appeal under section 82(1) brought by a…

Section 10 — Grants

Grants 10 Section 110(grants to advisory organisations) of the Nationality, Immigration and Asylum Act 2002 shall cease to have effect.

Section 11 — Continuation of leave

Continuation of leave 11 1 Section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending variation decision) shall be amended as follows. 2 In subsection (2)(b)…

Section 12 — Asylum and human rights claims: definition

Asylum and human rights claims: definition 12 1 Section 113(1) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: interpretation) shall be amended as follows. 2 For the definition…

Section 13 — Appeal from within United Kingdom: certification of unfounded claim

Appeal from within United Kingdom: certification of unfounded claim 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14 — Consequential amendments

Consequential amendments 14 Schedule 1 (which makes amendments consequential on the preceding provisions of this Act) shall have effect.

Section 15 — Penalty

Penalty 15 1 It is contrary to this section to employ an adult subject to immigration control if— a he has not been granted leave to enter or remain in the United Kingdom, or b his leave to enter or…

Section 16 — Objection

Objection 16 1 This section applies where an employer to whom a penalty notice is given objects on the ground that— a he is not liable to the imposition of a penalty, b he is excused payment by…

Section 17 — Appeal

Appeal 17 1 An employer to whom a penalty notice is given may appeal to the court on the ground that— a he is not liable to the imposition of a penalty, b he is excused payment by virtue of section…

Section 18 — Enforcement

Enforcement 18 1 This section applies where a sum is payable to the Secretary of State as a penalty under section 15. 1A In England and Wales the penalty is recoverable as if it were payable under an…

Section 19 — Code of practice

Code of practice 19 1 The Secretary of State shall issue a code of practice specifying factors to be considered by him in determining the amount of a penalty imposed under section 15. 2 The code— a…

Section 20 — Orders

Orders 20 1 An order of the Secretary of State under section 15, 16 or 19— a may make provision which applies generally or only in specified circumstances, b may make different provision for…

Section 21 — Offence

Offence 21 1 A person commits an offence if he employs another (“ the employee ”) knowing that the employee is disqualified from employment by reason of the employee's immigration status. 1A A person…

Section 22 — Offence: bodies corporate, &c.

Offence: bodies corporate, &c. 22 1 For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within…

Section 23 — Discrimination: code of practice

Discrimination: code of practice 23 1 The Secretary of State shall issue a code of practice specifying what an employer should or should not do in order to ensure that, while avoiding liability to a…

Section 24 — Immigration bail

Immigration bail 24 Where a person is at large in the United Kingdom by virtue of a grant of immigration bail to the person under Schedule 10 to the Immigration Act 2016 — a he shall be treated for…

Section 25 — Interpretation

Interpretation 25 In sections 15 to 24— a “ adult ” means a person who has attained the age of 16, b a reference to employment is to employment under a contract of service or apprenticeship, whether…

Section 26 — Repeal

Repeal 26 Sections 8 and 8A of the Asylum and Immigration Act 1996 (c. 49) (restrictions on employment) shall cease to have effect.

Section 27 — Documents produced or found

Documents produced or found 27 1 For paragraph 4(4) of Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry: documents) substitute— 4 Where a passport or other document is produced or…

Section 28 — Fingerprinting

Fingerprinting 28 1 Section 141 of the Immigration and Asylum Act 1999 (c. 33) (fingerprinting) shall be amended as follows. 2 In subsection (7)(d) for “arrested under paragraph 17 of Schedule 2 to…

Section 29 — Attendance for fingerprinting

Attendance for fingerprinting 29 For section 142(2) of the Immigration and Asylum Act 1999 (c. 33) (attendance for fingerprinting: timing) substitute— 2 In the case of a notice given to a person of a…

Section 30 — Proof of right of abode

Proof of right of abode 30 For section 3(9) of the Immigration Act 1971 (c. 77) (proof of right of abode) substitute— 9 A person seeking to enter the United Kingdom and claiming to have the right of…

Section 31 — Provision of information to immigration officers

Provision of information to immigration officers 31 1 Schedule 2 to the Immigration Act 1971 (controls on entry: administration) shall be amended as follows. 2 In paragraph 27 (provision of passenger…

Section 32 — Passenger and crew information: police powers

Passenger and crew information: police powers 32 1 This section applies to ships and aircraft which are— a arriving, or expected to arrive, in the United Kingdom, or b leaving, or expected to leave,…

Section 32A — Regulations requiring information to be provided to police

Regulations requiring information to be provided to police 32A 1 The Secretary of State may make regulations requiring responsible persons in relation to ships or aircraft— a which have arrived, or…

Section 32B — Penalty for breach of section 32 or 32A

Penalty for breach of section 32 or 32A 32B 1 The Secretary of State may make regulations imposing penalties for failure to comply with a requirement imposed— a under section 32(2) (provision of…

Section 33 — Freight information: police powers

Freight information: police powers 33 1 This section applies to ships, aircraft and vehicles which are— a arriving, or expected to arrive, in the United Kingdom, or b leaving, or expected to leave,…

Section 34 — Offence

Offence 34 1 A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed— a under section 32(2) or (3) or 33(2), or b by regulations made under section 32A…

Section 35 — Power of Revenue and Customs to obtain information

Power of Revenue and Customs to obtain information 35 In section 35(2) and (3) of the Customs and Excise Management Act 1979 (c. 2) (arrivals in the United Kingdom) after “arriving” insert “ , or…

Section 36 — Duty to share information

Duty to share information 36 1 This section applies to— a designated customs officials, aa immigration officers, ab the Secretary of State in so far as the Secretary of State has general customs…

Section 37 — Information sharing: code of practice

Information sharing: code of practice 37 1 The Secretary of State and the Treasury shall jointly issue one or more codes of practice about— a the use of information shared in accordance with section…

Section 38 — Disclosure of information for security purposes

Disclosure of information for security purposes 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 39 — Disclosure to law enforcement agencies

Disclosure to law enforcement agencies 39 1 A chief officer of police may disclose information obtained in accordance with section 32 or 33 to— a the States of Jersey police force; b the salaried…

Section 40 — Searches: contracting out

Searches: contracting out 40 1 An authorised person may, in accordance with arrangements made under this section, search a searchable ship, aircraft, vehicle or other thing for the purpose of…

Section 41 — Section 40: supplemental

Section 40: supplemental 41 1 Arrangements under section 40(6)(c) must include provision for the appointment of a Crown servant to— a monitor the exercise of powers under that section by authorised…

Section 42 — Information: embarking passengers

Information: embarking passengers 42 1 Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows. 2 In paragraph 3(1) for the words from “and if he is not” to…

Section 43 — Accommodation

Accommodation 43 1 In section 99(1) of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authorities)— a for “asylum-seekers and their dependants (if any)” substitute “…

Section 44 — Failed asylum-seekers: withdrawal of support

Failed asylum-seekers: withdrawal of support 44 1 The Secretary of State may by order provide for paragraph 7A of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (failed…

Section 44A — Waiver of requirement for full capacity

Waiver of requirement for full capacity 44A Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified…

Section 45 — Integration loans

Integration loans 45 1 Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (integration loan for refugees) shall be amended as follows. 2 In subsection (1) for…