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Nationality, Immigration and Asylum Act 2002

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

Section 111 — Monitor of certification of claims as unfounded

Monitor of certification of claims as unfounded 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 112 — Regulations, &c.

Regulations, &c. 112 1 Regulations under this Part shall be made by the Secretary of State. 2 Regulations ... under this Part ...— a must be made by statutory instrument, and b shall be subject to…

Section 113 — Interpretation

Interpretation 113 1 In this Part, unless a contrary intention appears— “ asylum claim ” means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that…

Section 114 — Repeal

Repeal 114 1 Part IV of the Immigration and Asylum Act 1999 (c. 33) (appeals) shall cease to have effect. 2 Schedule 6 (which makes transitional provision in connection with the repeal of Part IV of…

Section 115 — Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision

Appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 116 — Special Immigration Appeals Commission: Community Legal Service

Special Immigration Appeals Commission: Community Legal Service 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 117 — Northern Ireland appeals: legal aid

Northern Ireland appeals: legal aid 117 1 In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (proceedings for which legal aid may…

Section 117A — Application of this Part

Application of this Part 117A 1 This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts— a breaches a person's right to respect for…

Section 117B — Article 8: public interest considerations applicable in all cases

Article 8: public interest considerations applicable in all cases 117B 1 The maintenance of effective immigration controls is in the public interest. 2 It is in the public interest, and in particular…

Section 117C — Article 8: additional considerations in cases involving foreign criminals

Article 8: additional considerations in cases involving foreign criminals 117C 1 The deportation of foreign criminals is in the public interest. 2 The more serious the offence committed by a foreign…

Section 117D — Interpretation of this Part

Interpretation of this Part 117D 1 In this Part— “ Article 8 ” means Article 8 of the European Convention on Human Rights; “ qualifying child ” means a person who is under the age of 18 and who— is a…

Section 118 — Leave pending decision on variation application

Leave pending decision on variation application 118 The following shall be substituted for section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending decision on…

Section 119 — Deemed leave on cancellation of notice

Deemed leave on cancellation of notice 119 In paragraph 6(3) of Schedule 2 to the Immigration Act 1971 (c. 77) (deemed leave on cancellation of notice of refusal) after “and the immigration officer…

Section 120 — Requirement to state additional grounds for application

Requirement to state additional grounds for application 120 1 Subsection (2) applies to a person (“P”) if— a P has made a protection claim or a human rights claim, b P has made an application to…

Section 121 — Compliance with procedure

Compliance with procedure 121 The following shall be inserted after section 31A(3) of the Immigration Act 1971 (procedural requirements for application)— 3A Regulations under this section may provide…

Section 122 — Family with children

Family with children 122 1 This section applies where a person (“ the asylum-seeker ”) applies for support under section 95 of this Act or section 17 of the Nationality, Immigration and Asylum Act…

Section 123 — Advice about work permit, &c.

Advice about work permit, &c. 123 1 Section 82 of the Immigration and Asylum Act 1999 (c. 33) (immigration advice and services: interpretation) shall be amended as follows. 2 In the definition of…

Section 124 — Authority to carry

Authority to carry 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 125 — Carriers’ liability

Carriers’ liability 125 Schedule 8 (which amends Part II of the Immigration and Asylum Act 1999 (carriers’ liability)) shall have effect.

Section 126 — Physical data: compulsory provision

Physical data: compulsory provision 126 1 The Secretary of State may by regulations— a require an immigration application to be accompanied by specified biometric information ; b enable an authorised…

Section 127 — Physical data: voluntary provision

Physical data: voluntary provision 127 1 The Secretary of State may operate a scheme under which an individual may supply, or submit to the obtaining or recording of, biometric information to be used…

Section 128 — Data collection under Immigration and Asylum Act 1999

Data collection under Immigration and Asylum Act 1999 128 1 The following shall be added at the end of section 144 of the Immigration and Asylum Act 1999 (c. 33) (collection of data about external…

Section 129 — Local authority

Local authority 129 1 The Secretary of State may require a local authority to supply information for the purpose of establishing where a person is if the Secretary of State reasonably suspects that—…

Section 130 — Inland Revenue

Inland Revenue 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 131 — Police, &c.

Police, &c. 131 Information may be supplied under section 20 of the Immigration and Asylum Act 1999 (c. 33) (supply of information to Secretary of State) for use for the purpose of — a determining…

Section 132 — Supply of document, &c. to Secretary of State

Supply of document, &c. to Secretary of State 132 1 Section 20 of the Immigration and Asylum Act 1999 (supply of information to Secretary of State) shall be amended as follows. 2 After subsection (1)…

Section 133 — Medical inspectors

Medical inspectors 133 1 This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the…

Section 134 — Employer

Employer 134 1 The Secretary of State may require an employer to supply information about an employee whom the Secretary of State reasonably suspects of having committed an offence under— a section…

Section 135 — Financial institution

Financial institution 135 1 The Secretary of State may require a financial institution to supply information about a person if the Secretary of State reasonably suspects that— a the person has…

Section 136 — Notice

Notice 136 1 A requirement to provide information under section 134 or 135 must be imposed by notice in writing specifying— a the information, b the manner in which it is to be provided, and c the…

Section 137 — Disclosure of information: offences

Disclosure of information: offences 137 1 A person commits an offence if without reasonable excuse he fails to comply with section 136(3). 2 A person who is guilty of an offence under subsection (1)…

Section 138 — Offence by body

Offence by body 138 1 Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence— a was committed with the consent or connivance of…

Section 139 — Privilege against self-incrimination

Privilege against self-incrimination 139 1 Information provided by a person pursuant to a requirement under section 134 or 135 shall not be admissible in evidence in criminal proceedings against that…

Section 140 — Immigration Services Commissioner

Immigration Services Commissioner 140 1 The following shall be inserted after paragraph 7(1) of Schedule 5 to the Immigration and Asylum Act 1999 (c. 33) (investigation by Commissioner: power of…

Section 141 — EEA ports: juxtaposed controls

EEA ports: juxtaposed controls 141 1 The Secretary of State may by order make provision for the purpose of giving effect to an international agreement which concerns immigration control at a United…

Section 142 — Advisory Panel on Country Information

Advisory Panel on Country Information 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 143 — Assisting unlawful immigration, &c.

Assisting unlawful immigration, &c. 143 The following shall be substituted for section 25 of the Immigration Act 1971 (c. 77) (assisting illegal entry)— Assisting unlawful immigration to member State…

Section 144 — Section 143: consequential amendments

Section 143: consequential amendments 144 1 The Immigration Act 1971 (c. 77) shall be amended as follows. 2 Section 25A (detention of ship, aircraft or vehicle) shall be renumbered as section 25D…

Section 145 — Traffic in prostitution

Traffic in prostitution 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 146 — Section 145: supplementary

Section 145: supplementary 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 147 — Employment

Employment 147 1 Section 8 of the Asylum and Immigration Act 1996 (c. 49) (employment: offence) shall be amended as follows. 2 For subsection (2) (defence) substitute— 2 It is a defence for a person…

Section 148 — Registration card

Registration card 148 The following shall be inserted after section 26 of the Immigration Act 1971 (general offences)— Registration card 26A 1 In this section “ registration card ” means a document…

Section 149 — Immigration stamp

Immigration stamp 149 The following shall be inserted after section 26A of the Immigration Act 1971 (c. 77) (registration card: falsification, &c.) (inserted by section 148 above)— Possession of…

Section 150 — Sections 148 and 149: consequential amendments

Sections 148 and 149: consequential amendments 150 1 The following shall be inserted after section 28A(9) of the Immigration Act 1971 (arrest without warrant)— 9A A constable or immigration officer…

Section 151 — False information

False information 151 In section 26(3) of the Immigration Act 1971 (general offences: “ relevant enactment ”)— a the word “or” after paragraph (c) shall cease to have effect, and b after paragraph…

Section 152 — Arrest by immigration officer

Arrest by immigration officer 152 The following shall be inserted after section 28A of the Immigration Act 1971 (c. 77) (arrest without warrant)— Arrest with warrant 28AA 1 This section applies if on…

Section 153 — Power of entry

Power of entry 153 1 The following shall be inserted after section 28C of the Immigration Act 1971 (search and arrest without warrant)— Business premises: entry to arrest 28CA 1 A constable or…

Section 154 — Power to search for evidence

Power to search for evidence 154 The following shall be inserted after section 28F of the Immigration Act 1971 (c. 77) (entry and search)— Search for personnel records: warrant unnecessary 28FA 1…

Section 155 — Sections 153 and 154: supplemental

Sections 153 and 154: supplemental 155 The following shall be added at the end of section 28L of the Immigration Act 1971 (c. 77) (interpretation) (which becomes subsection (1))— 2 In this Part “…

Section 156 — Time limit on prosecution

Time limit on prosecution 156 1 In section 28(1) of the Immigration Act 1971 (c. 77) (extended time limit for prosecution) the words “, 24A, 25” shall cease to have effect. 2 Section 24A(4) of that…