- Irreversible harm
- Appeals provisions of the Immigration Act 2014
- Immigration Act 2014: removals and nationality provisions
- New statutory human rights considerations take immediate effect
This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from a seminar given by Colin Yeo, Sadat Sayeed, Mark Symes and I at Garden Court Chambers on 13 August 2014, at which I spoke on these subjects. Colin posted his segment of the seminar here, and the final two segments will follow in due course.
Section 1 Immigration Act 2014 repeals and replaces section 10 Immigration Act 1999. Under the new provision, any person with no leave who is required to have it may simply be removed from the United Kingdom with no further notice or legal step being required. The new provision should be seen as a simple power to remove rather than a type or species of immigration decision: there is no right of appeal under the new appeals provisions (although any intimation that the power is going to be exercised would demonstrate that a decision has been made in the public law sense, and that decision could, theoretically, be challenged by way of judicial review). Not yet in force.
Section 2 Immigration Act 2014 provides for a 28 day grace period from exhaustion of appeal rights in which actual removal is forbidden for the child and for the adult where ‘if, as a result, no relevant parent or carer would remain in the United Kingdom’. In force.
Section 3 Immigration Act 2014 places the Independent Family Returns Panel on a statutory footing. The Secretary of State is obliged to consult the panel when considering a family return or detaining a family in pre-departure accommodation. This is duty to consult the panel, and does not give rise to an obligation to follow its recommendations. In force.
Before 1 July 2006, for the purposes of British nationality law, a biological mother was always considered to be a child’s parent, whether married or unmarried to the child’s biological father, but a biological father who was not married to the child’s biological mother was not. On 1 July 2006, this injustice was remedied for those born on or after that date, by way of an amendment to the British Nationality Act 1981. However, that amendment did nothing for those born before 1 July 2006. Section 65 Immigration Act 2014 operates to amend the British Nationality Act 1981 in order to cure the injustice for those born before 1 July 2006. Not yet in force.
Section 66 Immigration Act 2014 confers on the Secretary of State enhanced citizenship deprivation powers by introducing a new subsection (4A) into section 40 British Nationality Act 1981. It is now in force, and allows the Secretary of State to deprive an individual of citizenship, even if it would result in their becoming stateless, where three conditions are met:
- The citizenship status results from the person’s naturalisation;
- The Secretary of State is satisfied that the deprivation is conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the UK; and,
- The Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.