Miscellaneous
Section 53: Arrest pending deportation
134.Section 53 amends paragraph 2(4) of schedule 3 to the Immigration Act 1971 in order to clarify the circumstances in which the powers of arrest under paragraph 17 of Schedule 2 to the 1971 Act arise in deportation cases. The amendment makes clear that the powers of arrest – with and without warrant – under paragraph 17 may be exercised in deportation cases when the notice of intention to deport is ready but has not yet been given to the prospective deportee. In particular, it ensures that immigration officers and constables can continue to seek a warrant in such circumstances under paragraph 17(2) to enter named premises in order to give the notice of intention to deport to the prospective deportee and arrest him.
Section 54: Refugee Convention: Construction
135.Section 54 provides an interpretation of Article 1F (c) in the 1951 Geneva Convention relating to the Status of Refugees. It specifies that “acts contrary to the purposes and principles of the United Nations” which will result in exclusion from asylum include acts of committing, preparing or instigating terrorism and acts of encouraging or inducing others to commit, prepare or instigate terrorism .
Section 55: Refugee Convention: certification
136.Section 55 allows the Secretary of State to issue a certificate that an appellant is not entitled to the protection of Article 33 (1) of the Refugee Convention because Article 1F applies or Article 33 (2) applies on national security grounds. It requires the Asylum and Immigration Tribunal (AIT) or the Special Immigration Appeals Commission (SIAC) to begin substantive consideration on the asylum appeal by considering the statements in the certificate. If SIAC or the AIT agrees with the statements in the certificate, then it must dismiss the appeal insofar as it relies on the Refugee Convention.
Section 56: Deprivation of Citizenship
137.Section 56 will replace an existing criterion for deprivation of British nationality that the person concerned had done something which was “seriously prejudicial to the vital interests of the United Kingdom or a British overseas territory” with the criterion that it is conducive to the public good to deprive a person of his or her British nationality. The current limitation that a deprivation order may not be made on this basis if it would make a person stateless would continue to apply.
138.Subsection (2) will enable the Asylum and Immigration Tribunal, on an appeal against deprivation of nationality under section 40A of the British Nationality Act 1981, to receive in private evidence about forged documents.
Section 57: Deprivation of right of abode
139.Section 57 will confer on the Secretary of State a power to remove a right of abode in the United Kingdom where such a right derived from possession of citizenship of another Commonwealth country and it is conducive to the public good to remove or exclude the person from the United Kingdom.
140.Subsection (2) provides a right of appeal against a decision to deprive a person of their right of abode, either to the Asylum and Immigration Tribunal or to the Special Immigration Appeals Commission.
Section 58: Acquisition of British nationality, &c.
141.Section 58 would require most applicants for British nationality by registration to satisfy the Secretary of State that they were “of good character” before nationality could be granted. At present such a requirement applies only to those seeking to acquire British nationality by naturalisation. Exceptions will continue to be made where the applicant has an entitlement to registration deriving from the 1961 UN Convention on the Reduction of Statelessness or is entitled to registration as a British citizen under section 4B of the British Nationality Act 1981 (certain British Overseas citizens, British subjects and British protected persons without other citizenship) or is aged below 10 on the date of the application.
Section 59: Detained persons: national minimum wage
142.Section 59 exempts immigration detainees from the national minimum wage in respect of work done in a removal centre. Exemption will allow detainees to be provided with opportunities to engage in paid activity.