Immigration and Asylum Act 1999

141 Fingerprinting.U.K.

(1)Fingerprints may be taken by an authorised person from a person to whom this section applies.

(2)Fingerprints may be taken under this section only during the relevant period.

(3)Fingerprints may not be taken under this section from a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—

(a)the child’s parent or guardian; or

(b)a person who for the time being takes responsibility for the child.

(4)The person mentioned in subsection (3)(b) may not be—

(a)an officer of the Secretary of State who is not an authorised person;

(b)an authorised person.

(5)“Authorised person” means—

(a)a constable;

(b)an immigration officer;

(c)a prison officer;

(d)an officer of the Secretary of State authorised for the purpose; or

(e)a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a [F1removal centre] contract.

(6)In subsection (5)(e) “contractor” and “ [F2removal centre] contract” have the same meaning as in Part VIII.

(7)This section applies to—

(a)any person (“A”) who, on being required to do so by an immigration officer on his arrival in the United Kingdom, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;

(b)any person (“B”) who has been refused leave to enter the United Kingdom but has been temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;

[F3(c)any person (“C”) in respect of whom a relevant immigration decision has been made;]

(d)any person (“D”) who has been arrested under paragraph 17 of Schedule 2 to the 1971 Act;

(e)any person (“E”) who has made a claim for asylum;

(f)any person (“F”) who is a dependant of any of those persons.

(8)“The relevant period” begins—

(a)for A, on his failure to produce the passport or other document;

(b)for B, on the decision to admit him temporarily;

[F4(c)for C, on the service on him of notice of the relevant immigration decision by virtue of section 105 of the Nationality, Immigration and Asylum Act 2002 (c. 41);]

(d)for D, on his arrest;

(e)for E, on the making of his claim for asylum; and

(f)for F, at the same time as for the person whose dependant he is.

(9)“The relevant period” ends on the earliest of the following—

(a)the grant of leave to enter or remain in the United Kingdom;

(b)for A, B, C or D, his removal or deportation from the United Kingdom;

[F5(c)for C—

(i)the time when the relevant immigration decision ceases to have effect, whether as a result of an appeal or otherwise, or

(ii)if a deportation order has been made against him, its revocation or its otherwise ceasing to have effect;]

(d)for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act;

(e)for E, the final determination or abandonment of his claim for asylum; and

(f)for F, at the same time as for the person whose dependant he is.

(10)No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

(11)No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.

(12)An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—

(a)if he is a constable, by a person designated for the purpose by the chief constable of his police force;

(b)if he is a person mentioned in subsection (5)(b) or (e), by a chief immigration officer;

(c)if he is a prison officer, by a person designated for the purpose by the governor of the prison;

(d)if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

(13)Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.

(14)For the purposes of subsection (7)(f), a person is a dependant of another person if—

(a)he is that person’s spouse or child under the age of eighteen; and

(b)he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

(15)“Claim for asylum” has the same meaning as in Part VI.

[F6(16)“Relevant immigration decision” means a decision of the kind mentioned in section 82(2)(g), (h), (i), (j) or (k) of the Nationality, Immigration and Asylum Act 2002 (c. 41).]