Immigration and Asylum Act 1999
Immigration and Asylum Act 1999 (1999 c. 33)
- Immigration and Asylum Act 1999 (1999 c. 33)
- Part I Immigration: General
- Leave to enter, or remain in, the United Kingdom
- 1 Leave to enter.
- 2 Leave to remain.
- 3 Continuation of leave pending decision.
- 4 Accommodation
- 5 Charges.
- Exemption from immigration control
- 6 Members of missions other than diplomatic agents.
- 7 Persons ceasing to be exempt.
- 8 Persons excluded from the United Kingdom under international obligations.
- Removal from the United Kingdom
- 9 Treatment of certain overstayers.
- 10 Removal of persons unlawfully in the United Kingdom
- 10A Removal: general notice requirements
- 10B Failed removals
- 10C Removal: notice requirements in port cases
- 10D Removal: PRN recipients
- 10E Removal: judicial review
- 11 Removal of asylum claimant under standing arrangement with member States
- 12 Removal of asylum claimants in other circumstances.
- 13 Proof of identity of persons to be removed or deported.
- 14 Escorts for persons removed from the United Kingdom under directions.
- 15 Protection of claimants from removal or deportation.
- Provision of financial security
- 16 Security on grant of entry clearance.
- 17 Provision of further security on extension of leave.
- Information
- 18 Passenger information.
- 19 Notification of non-EEA arrivals.
- 20 Power to supply information etc to Secretary of State
- 20A Duty to supply nationality documents to Secretary of State
- 21 Supply of information by Secretary of State.
- Employment: code of practice
- 22 Restrictions on employment: code of practice.
- Monitoring entry clearance
- 23 Monitoring refusals of entry clearance.
- Reporting suspicious marriages
- 24 Duty to report suspicious marriages.
- 24A Duty to report suspicious civil partnerships
- Immigration control: facilities and charges
- 25 Provision of facilities for immigration control at ports.
- 26 Charges: immigration control.
- Charges: travel documents
- 27 Charges: travel documents.
- Offences
- 28 Deception.
- 29 Facilitation of entry.
- 30 False statements etc.
- 31 Defences based on Article 31(1) of the Refugee Convention.
- Part II Carriers’ Liability
- Penalties for failure to secure goods vehicle and for carrying clandestine entrants
- 31A Penalty for failure to secure goods vehicle etc
- 32 Penalty for carrying clandestine entrants.
- 32A Level of penalty: code of practice
- 33 Prevention of clandestine entrants: code of practice
- 34 Defences to claim that penalty is due under section 32.
- 35 Procedure.
- 35A Appeal
- 36 Power to detain vehicles etc. in connection with penalties under section 31A or 32.
- 36A Detention in default of payment
- 37 Effect of detention.
- 38 Assisting illegal entry and harbouring.
- 39 Rail freight.
- Individuals without proper documents or authorisation
- 40 Charge in respect of individual without proper documents or authorisation
- 40A Notification and objection
- 40B Appeal
- 41 Visas for transit passengers.
- 42 Power to detain vehicles etc. in connection with charges under section 40.
- Interpretation
- 43 Interpretation of Part II.
- Part III Bail
- Routine bail hearings
- 44 Bail hearings for detained persons.
- 45 Location of bail hearings.
- 46 General right to be released on bail.
- 47 Powers exercisable on granting bail.
- 48 Forfeiture.
- 49 Forfeiture of securities.
- 50 Power of arrest.
- Procedure
- 51 Procedure.
- 52 Use of live television links at bail hearings.
- Bail hearings under other enactments
- 53 Applications for bail in immigration cases.
- 54 Extension of right to apply for bail in deportation cases.
- Grants
- 55 Grants to voluntary organisations.
- Part IV Appeals
- The appellate authorities
- 56 The Immigration Appeal Tribunal.
- 57 Adjudicators.
- Appeals
- 58 General.
- Leave to enter
- 59 Leave to enter the United Kingdom.
- 60 Limitations on rights of appeal under section 59.
- Variation of limited leave to enter or remain
- 61 Variation of limited leave to enter or remain.
- 62 Limitations on rights of appeal under section 61.
- Deportation
- 63 Deportation orders.
- 64 Limitations on rights of appeal under section 63.
- Human rights
- 65 Racial discrimination and breach of human rights.
- Directions for removal
- 66 Validity of directions for removal.
- Objection to destination
- 67 Removal on objection to destination.
- 68 Limitations on rights of appeal under section 67.
- Asylum
- 69 Claims for asylum.
- 70 Limitations on rights of appeal under section 69.
- Removal to safe countries
- 71 Removal of asylum claimants to safe third countries.
- Miscellaneous
- 72 Miscellaneous limitations on rights of appeal.
- 73 Limitation on further appeals.
- “One-stop procedure”
- 74 Duty to disclose grounds for appeal etc.
- 75 Duty to disclose grounds for entering etc. the United Kingdom.
- 76 Result of failure to comply with section 74.
- 77 “One-stop” appeals.
- 78 Transfer of appellate proceedings.
- Appeals without merit
- 79 Penalty on continuing an appeal without merit.
- European Economic AreaEEA nationals
- 80 EEA nationals.
- Grants
- 81 Grants to voluntary organisations.
- Part V Immigration Advisers and Immigration Service Providers
- Interpretation
- 82 Interpretation of Part V.
- The Immigration Services Commissioner
- 83 The Commissioner.
- The general prohibition
- 84 Provision of immigration services.
- 84A Limitations on acting under supervision: sanctions under this Part
- 84B Limitations on acting under supervision: other sanctions
- 85 Registration and exemption by the Commissioner.
- 86 Designated professional bodies.
- 86A Designated qualifying regulators
- Appeals to the First-tier Tribunal
- 87 Appeals to the First-tier Tribunal.
- 88 Appeal upheld by the First-tier Tribunal.
- 89 Disciplinary charge upheld by the First-tier Tribunal.
- 90 Orders by disciplinary bodies.
- Enforcement
- 91 Offences.
- 92 Enforcement.
- 92A Investigation of offence: power of entry
- 92B Advertising
- 92C Power to impose monetary penalties
- 92D Procedure for imposing penalties
- 92E Appeals against penalties
- 92F Enforcement of penalty notices
- 92G Guidance about penalties
- 92H Penalties imposed in relation to commission of offence: convictions
- Miscellaneous
- 93 Information.
- 93A Fees
- Part VI Support for Asylum-Seekers
- Interpretation
- 94 Interpretation of Part VI.
- Provision of support
- 95 Persons for whom support may be provided.
- 96 Ways in which support may be provided.
- 97 Supplemental.
- 98 Temporary support.
- Support and assistance by local authorities etc.
- 99 Provision of support by local authorities.
- 100 Local authority and other assistance for Secretary of State.
- 101 Reception zones.
- Appeals
- 102 Asylum Support Adjudicators.
- 103 Appeals.
- 104 Lord Chancellor’s rules.
- Offences
- 105 False representations.
- 106 Dishonest representations.
- 107 Delay or obstruction.
- 108 Failure of sponsor to maintain.
- 109 Supplemental.
- 109A Arrest
- 109B >Entry, search and seizure
- Expenditure
- 110 Payments to local authorities.
- 111 Grants to voluntary organisations.
- 112 Recovery of expenditure on support: misrepresentation etc.
- 113 Recovery of expenditure on support from sponsor.
- 114 Overpayments.
- Exclusions
- 115 Exclusion from benefits.
- 116 Amendment of section 21 of the National Assistance Act 1948.
- 117 Other restrictions on assistance: England and Wales.
- 118 Housing authority accommodation.
- 119 Homelessness: Scotland and Northern Ireland.
- 120 Other restrictions on assistance: Scotland.
- 121 Other restrictions on assistance: Northern Ireland.
- 122 Support for children.
- 123 Back-dating of benefits where person recorded as refugee.
- Miscellaneous
- 124 Secretary of State to be corporation sole for purposes of Part VI.
- 125 Entry of premises.
- 126 Information from property owners.
- 127 Requirement to supply information about redirection of post.
- Part VII Power To Arrest, Search and Fingerprint
- Power to arrest
- 128 Arrest without warrant.
- Power to search and arrest
- 129 Search and arrest by warrant.
- 130 Search and arrest without warrant.
- Power to enter and search premises
- 131 Entry and search of premises.
- 132 Entry and search of premises following arrest.
- 133 Entry and search of premises following arrest under section 25(1) of the 1971 Act.
- Power to search persons
- 134 Searching arrested persons.
- 135 Searching persons in police custody.
- Seized material: access and copying
- 136 Access and copying.
- Search warrants
- 137 Search warrants: safeguards.
- 138 Execution of warrants.
- 139 Interpretation.
- Detention
- 140 Detention of persons liable to examination or removal.
- Fingerprinting
- 141 Fingerprinting.
- 142 Attendance for fingerprinting.
- 143 Destruction of fingerprints.
- 144 Other methods of collecting data about physical characteristics.
- 144A Use and retention of fingerprints etc.
- Codes of practice
- 145 Codes of practice.
- Use of force
- 146 Use of force.
- Part VIII Detention Centres and Detained Persons
- Interpretation
- 147 Interpretation of Part VIII.
- Detention centres
- 148 Management of removal centres.
- 149 Contracting out of certain removal centres.
- 150 Contracted out functions at directly managed removal centres.
- 151 Intervention by Secretary of State.
- 152 Visiting Committees and inspections.
- 153 Removal centre rules.
- 153A Detained persons: national minimum wage
- Custody and movement of detained persons
- 154 Detainee custody officers.
- 155 Custodial functions and discipline etc. at removal centres .
- 156 Arrangements for the provision of escorts and custody.
- 157 Short-term holding facilities.
- 157A Pre-departure accommodation
- Miscellaneous
- 158 Wrongful disclosure of information.
- 159 Power of constable to act outside his jurisdiction.
- Part IX Registrar’s Certificates: Procedure
- 160 Abolition of certificate by licence.
- 161 Notice of marriage.
- 162 Power to require evidence.
- 163 Refusal to issue certificate.
- Part X Miscellaneous and Supplemental
- 164 Institution of proceedings.
- 165 Procedural requirements as to applications.
- 166 Regulations and orders.
- 167 Interpretation.
- 168 Expenditure and receipts.
- 169 Minor and consequential amendments, transitional provisions and repeals.
- 170 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE A1 Persons to whom section 20A applies
- Law enforcement
- Local government
- Regulatory bodies
- Health bodies
- Education bodies
- Registration officials
- Other bodies: Northern Ireland
- SCHEDULE 1 Sale of Transporters
- Leave of court required
- Notice of proposed sale
- Duty to obtain best price
- Effect of failure to comply with paragraph 2 or 3
- Application of proceeds of sale
- SCHEDULE 2 The Immigration Appeal Tribunal
- Members
- President and Deputy President
- Term of office
- Remuneration
- Compensation
- Proceedings
- Staff
- SCHEDULE 3 Adjudicators
- Deputy Chief Adjudicator and Regional Adjudicators
- Qualification for appointment
- Term of office
- Remuneration
- Compensation
- Proceedings
- Staff
- SCHEDULE 4 Appeals
- Part I Procedure
- Notice of appealable matters
- Service of notices
- Lord Chancellor’s rules of procedure
- Practice directions
- Hearings in private
- Leave to appeal
- Offences
- Convention cases
- Racial discrimination
- Part II Effect of Appeals
- Stay on directions for removal
- Suspension of variation of limited leave
- Continuation of leave
- Deportation orders
- Appeals under section 65
- Part III Determination of Appeals
- Determination of appeals
- Appeals to Immigration Appeal Tribunal
- Appeals from Immigration Appeal Tribunal
- Appeals which must be dismissed
- SCHEDULE 5 The Immigration Services Commissioner
- Part I Regulatory Functions
- The Commissioner’s rules
- Code of Standards
- Extension of scope of the Code
- Inspections
- Investigation of complaints
- ...
- Determination of complaints
- Complaints referred to designated professional bodies
- Power of entry and inspection
- Part II Commissioner’s Status, Remuneration and Staff etc
- Status
- Period of office
- Terms and conditions of appointment
- Remuneration, expenses and pensions
- Compensation
- Deputy Commissioner
- Staff
- Acting as Commissioner in event of vacancy etc
- Expenditure
- Receipts
- Accounts and records
- Annual report
- Proof of instruments
- Disqualification for House of Commons
- Disqualification for Northern Ireland Assembly
- The Parliamentary Commissioner Act 1967 (c.13)
- SCHEDULE 6 Registration
- Applications for registration
- Registration
- Review of qualifications
- Variation of registration
- Disqualification of certain persons
- Further provision for the cancellation of registration
- Suspension of registration
- Fees
- Open registers
- SCHEDULE 7 The Immigration Services Tribunal
- Members
- The President
- Terms and conditions of appointment
- Remuneration and expenses
- Proceedings
- Rules of procedure
- Suspending the effect of a relevant decision
- Staff
- Expenditure
- Meaning of “legally qualified”
- Disqualification for House of Commons
- Disqualification for Northern Ireland Assembly
- SCHEDULE 8 Provision of Support: Regulations
- General regulation-making power
- Determining whether a person is destitute
- Prescribed levels of support
- Provision of items and services
- Support and assets to be taken into account
- Valuation of assets
- Breach of conditions
- Suspension or discontinuation of support
- Notice to quit
- Contributions to support
- Recovery of sums by Secretary of State
- Procedure
- SCHEDULE 9 Asylum Support: Interim Provisions
- SCHEDULE 10 Asylum Support Adjudicators
- Adjudicators
- Terms and conditions of appointment
- Remuneration, expenses and pensions
- Compensation
- Staff
- Expenditure
- Proceedings
- SCHEDULE 11 Detainee Custody Officers
- Obtaining certificates of authorisation by false pretences
- Powers and duties of detainee custody officers
- Short-term holding facilities and pre-departure accommodation
- Assaulting a detainee custody officer
- Obstructing detainee custody officers
- Uniforms and badges
- Suspension and revocation of certificates of authorisation
- Prison officers and prisoner custody officers
- SCHEDULE 12 Discipline etc at Removal Centres
- Measuring and photographing detained persons
- Testing for drugs or alcohol
- Medical examinations
- Assisting detained persons to escape
- Alcohol
- Introduction of other articles
- Notice of penalties
- Prison officers and prisoner custody officers
- SCHEDULE 13 Escort Arrangements
- Monitoring of escort arrangements
- Powers and duties of detainee custody officers
- Breaches of discipline
- SCHEDULE 14 Consequential Amendments
- The Marriages (Ireland) Act 1844 (c.81)
- The Marriage Law (Ireland) Amendment Act 1863 (c.27)
- The Marriage Act 1949 (c.76)
- The Prison Act 1952 (c.52)
- The Firearms Act 1968 (c. 27)
- The Family Law Reform Act 1969 (c.46)
- The Marriage (Registrar General’s Licence) Act 1970 (c.34)
- The Immigration Act 1971 (c.77)
- The House of Commons Disqualification Act 1975 (c. 24)
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- The Protection from Eviction Act 1977 (c.43)
- The Education (Scotland) Act 1980 (c. 44)
- The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))
- The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
- The Marriage Act 1983 (c.32)
- The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
- The Rent (Scotland) Act 1984 (c.58)
- The Police and Criminal Evidence Act 1984 (c.60)
- The Housing Act 1985 (c.68)
- The Housing (Scotland) Act 1987 (c.26)
- The Immigration Act 1988 (c.14)
- The Housing (Scotland) Act 1988 (c.43)
- The Housing Act 1988 (c.50)
- The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)
- The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- The Courts and Legal Services Act 1990 (c.41)
- The Social Security Contributions and Benefits Act 1992 (c.4)
- The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7)
- The Tribunals and Inquiries Act 1992 (c.53)
- The Judicial Pensions and Retirement Act 1993 (c.8)
- The Asylum and Immigration Appeals Act 1993 (c.23)
- The Asylum and Immigration Act 1996 (c.49)
- The Housing Act 1996 (c.52)
- The Education Act 1996 (c. 56)
- The Special Immigration Appeals Commission Act 1997 (c.68)
- SCHEDULE 15 Transitional Provisions and Savings
- Leave to enter or remain
- Section 2 of the Asylum and Immigration Act 1996
- Adjudicators and the Tribunal
- References to justices’ chief executive
- Duties under National Assistance Act 1948
- Duties under Health Services and Public Health Act 1968
- Duties under Social Work (Scotland) Act 1968
- Duties under Health and Personal Social Services (Northern Ireland) Order 1972
- Duties under National Health Service Act 1977
- Duties under Mental Health (Scotland) Act 1984
- Appeals relating to deportation orders
- Assistance under Part VII of the Housing Act 1996
- Provision of support
- SCHEDULE 16 Repeals
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