| The Immigration Asylum & Nationality Act 2006 is | | | | employer employs an individual without permission to |
| the fifth major piece of legislation in the field of | | | | work allowing on the spot fines of up to 2000 per |
| asylum and immigration since 1993. | | | | illegal worker. |
| Commencement | | | | Section 23 imposes an obligation on the Home |
| The Immigration Asylum & Nationality Act 2006 | | | | Secretary to issue a Code of Practice specifying |
| received Royal Assent on the 30th March 2006 and | | | | what employers should do to avoid: |
| by virtue of a second commencement order, the | | | | (1) liability to civil penalties, |
| main provisions took effect on 31 August 2006 by | | | | (2) the commission of offences under section 21 and |
| virtue of the Immigration, Asylum and Nationality Act | | | | (3) discrimination which would be contrary to race |
| 2006 (Commencement No.2) Order 2006. | | | | relations legislation. |
| Appeals | | | | Information |
| The first sections of the Act are concerned with | | | | Section 27 relates to provisions on detention and |
| appeals and impose new restrictions on the right to | | | | examination of passports and other documents |
| appeal against Home Office asylum or immigration | | | | produced by passengers or those found on them |
| decisions. The most significant is section 4 which limits | | | | while being examined under Schedule 2. It also |
| the right of appeal against refusal of entry clearance | | | | provides a new power to enable immigration officers |
| to cases in which the application for entry clearance | | | | to require passengers being examined under Schedule |
| was made either for the purpose of entering as a | | | | 2 to provide biometric information such as fingerprints |
| dependant or a visitor - in both cases limited by | | | | for the purpose of ascertaining whether a passenger |
| reference to regulations made by the Home | | | | in question is the rightful holder of the passport or |
| Secretary. Significantly, there will no longer be a right | | | | other document he produces. Section 29 imposes |
| of appeal against refusal of entry clearance as a | | | | stricter time limits on people seeking asylum to |
| student. | | | | attend for fingerprinting than on people in other |
| Section 1 inserts a new section 83A into the | | | | categories. |
| Immigration, Nationality and Asylum Act 2002 to | | | | Section 32 gives the police powers to require |
| introduce a new right of appeal for people who are | | | | advance information about passengers and crew or |
| no longer recognised as refugees but who are | | | | freight of ships and aircraft arriving, expected to |
| permitted to stay in the UK on some other basis. | | | | arrive, leaving or expected to leave the United |
| Section 2 amends section 82(2)(g) of the 2002 Act | | | | Kingdom. Existing powers of the H.M. Revenue and |
| to provide a right of appeal against a decision to | | | | Customs to obtain such information are by Section |
| remove under section 10(1)(b) of the 1999 Act. This | | | | 33 is extended to ships and aircraft arriving or |
| will give the person a separate right of appeal at | | | | expected to arrive in the United Kingdom. |
| each of the two decision stages; the first at the | | | | Section 54 broadens the exclusion clause in 1F(c) of |
| revocation stage and the second at the stage the | | | | the Refugee Convention. Provides that where the |
| decision to remove is taken. Section 3 amends | | | | Secretary of State rejects an asylum claim wholly or |
| section 84 of the 2002 Act. It provides that an | | | | partly on the basis of Article 1F, the Asylum and |
| appeal under the new section 83A may only be | | | | Immigration Tribunal or the Special Immigration |
| brought on the ground that removal would breach | | | | Appeals Commission (SIAC) must begin its |
| the United Kingdom's obligations under the Refugee | | | | deliberations on the asylum aspects of any appeal by |
| Convention. Section 4 substitutes one provision for | | | | considering whether or nor Article 1F applies and if it |
| Sections 88A, 90 and 91 of the 2002 Act which limits | | | | does it must dismiss the appeal in so far as it relies |
| all appeals against refusal of entry clearance to limited | | | | on the Refugee Convention. |
| grounds (human rights and race discrimination), with | | | | Section 55 empowers the Home Secretary to issue a |
| the exception of those listed in the categories. By | | | | certificate declaring that the appellant is not entitled |
| section 6 a person may not appeal against refusal of | | | | to the protection of Article 33.1 of the Convention |
| leave to enter the United Kingdom unless: (1) on his | | | | because one or other of the exclusions applies. If |
| arrival in the United Kingdom he had entry clearance | | | | such a certificate is issued, the Asylum and |
| and (2) the purpose of entry specified in the entry | | | | Immigration Tribunal is required by section 55 to begin |
| clearance is the same as that specified in his | | | | its hearing of the appeal by considering the contents |
| application for leave to enter. Section 89 of the 2002 | | | | of the certificate. If the Tribunal agrees with the |
| Act restricts rights of appeal against refusal of | | | | certificate then there will be no necessity to consider |
| permission to enter at the port of both visitors and | | | | the evidence which the appellant would otherwise |
| students who do not hold an entry clearance. This | | | | adduce in support of his asylum appeal. In other |
| restriction limits the grounds of appeal to human | | | | words the Tribunal is now able to dismiss an appeal |
| rights and race discrimination. If the appeal is | | | | on this preliminary point. |
| exercised in the UK it is restricted to asylum. A right | | | | Provisions on citizenship |
| of appeal remains in all cases on both human rights | | | | Section 40(2) of the British Nationality Act 1981 |
| and race discrimination grounds. | | | | empowers the Home Secretary to deprive a person |
| Section 7 provides powers to hear only human rights | | | | of British citizenship if he is satisfied that that person |
| aspects of national security appeal cases in country | | | | has done something prejudicial to the vital interests |
| with the national security aspects of the case. | | | | of the United Kingdom or a British overseas territory. |
| Employment | | | | Such an order may not be made if the person |
| Section 15 imposes civil (and not criminal) penalties in | | | | concerned is thereby rendered stateless. Section 56 |
| the form of fines on employers of persons over the | | | | of the 2006 Act amends the wording so that the |
| age of 16 subject to immigration control in defined | | | | Home Secretary must be satisfied that deprivation of |
| circumstances. A person is subject to immigration | | | | citizenship is conducive to the public good Section 2 |
| control if he requires leave to enter or remain in the | | | | of the Immigration Act 1971 defines "right of abode |
| United Kingdom under the provisions of the | | | | in the United Kingdom" as extending to British citizens |
| Immigration Act 1971. The defined circumstances are | | | | and to Commonwealth citizens who acquired that |
| that: | | | | right before the commencement of the British |
| (1) the employee had no leave to enter or remain or | | | | Nationality Act 1981. By section 57 the Home |
| (2) his leave was invalid, had expired or otherwise | | | | Secretary is empowered to deprive a person of the |
| prevented him from accepting employment. | | | | right of abode if he thinks that it would be conducive |
| Provision is made in Sections 16 and 17 for objections | | | | to the public good for the person concerned to be |
| on the part of the employer to the imposition of a | | | | excluded or removed from the United Kingdom. |
| penalty and for appeal to a County Court against | | | | Various provisions of the British Nationality Act 1981 |
| such an imposition. | | | | deal with the registration of persons as British citizens |
| By section 21, if the employer knowingly employs an | | | | or as British overseas territories citizens. Section 58(1) |
| over-16 subject to immigration control he commits an | | | | now precludes the registration as a citizen of any |
| offence which is punishable (on indictment) to | | | | description of any person falling within the categories |
| imprisonment for a term not exceeding two years or | | | | concerned unless the Home Secretary is satisfied |
| on summary conviction for a term not exceeding 12 | | | | that the person concerned is of good character. |
| months and/or in either case to a fine. If the | | | | |