Nationality, Immigration and Asylum Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 34 — The Monitor of Accommodation Centres
The Monitor of Accommodation Centres 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 35 — Ancillary provisions
Ancillary provisions 35 1 The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall apply for the purposes of this Part as they apply for the purposes of Part VI of that Act…
Section 35A — Appeal
Appeal 35A 1 A person may appeal to the court against a penalty imposed on him under section 32 on the ground that— a he is not liable to the imposition of a penalty, or b the amount of the penalty…
Section 36 — Education: general
Education: general 36 1 For the purposes of section 13 of the Education Act 1996 (c. 56) (general responsibility of local authority ) a resident of an accommodation centre shall not be treated as…
Section 36A — Detention in default of payment
Detention in default of payment 36A 1 This section applies where a person to whom a penalty notice has been issued under section 35 fails to pay the penalty before the date specified in accordance…
Section 37 — Education: special cases
Education: special cases 37 1 This section applies to a child if a person who provides education to residents of an accommodation centre recommends in writing to the local authority for the area in…
Section 38 — Local authority
Local authority 38 1 A local authority may in accordance with arrangements made by the Secretary of State— a assist in arranging for the provision of an accommodation centre; b make premises…
Section 39 — “Prescribed”: orders and regulations
“Prescribed”: orders and regulations 39 1 In this Part “ prescribed ” means prescribed by the Secretary of State by order or regulations. 2 An order or regulations under this Part may— a make…
Section 40 — Deprivation of citizenship
Deprivation of citizenship 40 1 In this section a reference to a person’s “ citizenship status ” is a reference to his status as— a a British citizen, b a British overseas territories citizen, c a…
Section 40A — Deprivation of citizenship: appeal
Deprivation of citizenship: appeal 40A 1 A person who is given notice under section 40(5) of a decision to make an order in respect of him under section 40 may appeal against the decision to an…
Section 40B — Appeal
Appeal 40B 1 A person may appeal to the court against a decision to charge him under section 40. 2 On an appeal under this section the court may— a allow the appeal and cancel the charge, or b…
Section 41 — Northern Ireland
Northern Ireland 41 1 The Secretary of State may not make arrangements under section 16 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy…
Section 42 — Wales
Wales 42 The Secretary of State may not make arrangements under section 16 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.
Section 42A — Registration and naturalisation: fee
Registration and naturalisation: fee 42A 1 A person shall not be registered under a provision of this Act as a citizen of any description or as a British subject unless any fee payable by virtue of…
Section 42B — Registration and naturalisation: timing
Registration and naturalisation: timing 42B 1 A person who is registered under this Act as a citizen of any description or as a British subject shall be treated as having become a citizen or subject—…
Section 43 — Asylum-seeker: form of support
Asylum-seeker: form of support 43 1 The Secretary of State may make an order restricting the application of section 96(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seeker:…
Section 44 — Destitute asylum-seeker
Destitute asylum-seeker 44 1 Section 94 of the Immigration and Asylum Act 1999 (c. 33) (support for destitute asylum-seeker) shall be amended as follows. 2 In subsection (1) for the definition of…
Section 45 — Section 44: supplemental
Section 44: supplemental 45 1 The following shall be substituted for section 96(1)(b) of the Immigration and Asylum Act 1999 (ways of providing support)— b by providing the supported person and his…
Section 46 — Section 44: supplemental: Scotland and Northern Ireland
Section 44: supplemental: Scotland and Northern Ireland 46 1 The following shall be substituted for section 12(2B) of the Social Work (Scotland) Act 1968 (c. 49)(general social welfare services of…
Section 47 — Asylum-seeker: family with children
Asylum-seeker: family with children 47 The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker with child: duty to support)— Family…
Section 48 — Young asylum-seeker
Young asylum-seeker 48 The following provisions of the Immigration and Asylum Act 1999 (c. 33) shall have effect as if the definition of asylum-seeker in section 94(1) of that Act did not exclude…
Section 49 — Failed asylum-seeker
Failed asylum-seeker 49 1 The following shall be added at the end of section 4 of the Immigration and Asylum Act 1999 (accommodation for person on temporary admission or release)— 2 The Secretary of…
Section 50 — Conditions of support
Conditions of support 50 1 The following shall be inserted after section 95(9) of the Immigration and Asylum Act 1999 (support for asylum-seeker: condition)— 9A A condition imposed under subsection…
Section 51 — Choice of form of support
Choice of form of support 51 1 The Secretary of State may refuse to provide support for a person under a provision specified in subsection (2) on the grounds that an offer has been made to the person…
Section 52 — Back-dating of benefit for refugee
Back-dating of benefit for refugee 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 53 — Asylum-seeker: appeal against refusal to support
Asylum-seeker: appeal against refusal to support 53 The following shall be substituted for section 103 of the Immigration and Asylum Act 1999 (asylum support appeal)— Appeals: general 103 1 This…
Section 54 — Withholding and withdrawal of support
Withholding and withdrawal of support 54 Schedule 3 (which makes provision for support to be withheld or withdrawn in certain circumstances) shall have effect.
Section 55 — Late claim for asylum: refusal of support
Late claim for asylum: refusal of support 55 1 The Secretary of State may not provide or arrange for the provision of support to a person under a provision mentioned in subsection (2) if— a the…
Section 56 — Provision of support by local authority
Provision of support by local authority 56 1 Section 99 of the Immigration and Asylum Act 1999 (provision of support by local authority) shall be amended as follows. 2 In subsection (1)— a after…
Section 57 — Application for support: false or incomplete information
Application for support: false or incomplete information 57 At the end of paragraph 12(c) of Schedule 8 to the Immigration and Asylum Act 1999 (c. 33) (asylum-seeker support: procedure: disregarding…
Section 58 — Voluntary departure from United Kingdom
Voluntary departure from United Kingdom 58 1 A person is a “ voluntary leaver ” for the purposes of this section if— a he is not a British citizen ..., b he leaves the United Kingdom for a place…
Section 59 — International projects
International projects 59 1 The Secretary of State may participate in a project which is designed to— a reduce migration, b assist or ensure the return of migrants, c facilitate co-operation between…
Section 60 — Northern Ireland authorities
Northern Ireland authorities 60 1 In section 110(9) of the Immigration and Asylum Act 1999 (c. 33) (support: payment to local authority: Northern Ireland authority) after paragraph (b) there shall be…
Section 61 — Repeal of spent provisions
Repeal of spent provisions 61 The following provisions of the Immigration and Asylum Act 1999 shall cease to have effect— a section 96(4) to (6)(which relate to a provision about support for…
Section 62 — Detention by Secretary of State
Detention by Secretary of State 62 1 A person may be detained under the authority of the Secretary of State pending— a a decision by the Secretary of State whether to give directions in respect of…
Section 63 — Control of entry to United Kingdom, &c.: use of force
Control of entry to United Kingdom, &c.: use of force 63 In paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.: person liable to detention: use of force) for “if…
Section 64 — Escorts
Escorts 64 The following shall be added after paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (detention for examination or removal: right to enter premises)— 3 Sub-paragraph (4) applies…
Section 65 — Detention centres: custodial functions
Detention centres: custodial functions 65 1 The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (power to confer functions of detainee custody officers on…
Section 66 — Detention centres: change of name
Detention centres: change of name 66 1 In section 147 of the Immigration and Asylum Act 1999 (c. 33) (Part VIII: interpretation)— a the definition of “detention centre” shall cease to have effect,…
Section 67 — Construction of reference to person liable to detention
Construction of reference to person liable to detention 67 1 This section applies to the construction of a provision which— a does not confer power to detain a person, but b refers (in any terms) to…
Section 68 — Bail
Bail 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 69 — Reporting restriction: travel expenses
Reporting restriction: travel expenses 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 70 — Induction
Induction 70 1 A residence condition may be imposed on an asylum-seeker or a dependant of an asylum-seeker without regard to his personal circumstances if— a it requires him to reside at a specified…
Section 71 — Asylum-seeker: residence, &c. restriction
Asylum-seeker: residence, &c. restriction 71 1 This section applies to— a a person who makes a claim for asylum at a time when he has leave to enter or remain in the United Kingdom, and b a dependant…
Section 72 — Serious criminal
Serious criminal 72 1 This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from prohibition of expulsion or return ). 2 A…
Section 73 — Family
Family 73 1 The following shall be inserted after paragraph 10 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: removal)— 10A Where directions are given in respect of a person…
Section 74 — Deception
Deception 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 75 — Exemption from deportation
Exemption from deportation 75 1 Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows. 2 Subsection (1)(a) (which is redundant) shall cease to…
Section 76 — Revocation of leave to enter or remain
Revocation of leave to enter or remain 76 1 The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person— a is liable to deportation, but b…
Section 77 — No removal while claim for asylum pending
No removal while claim for asylum pending 77 1 While a person’s claim for asylum is pending he may not be— a removed from the United Kingdom in accordance with a provision of the Immigration Acts, or…