What UK Illegal Migration Act 2023: The Duty to Remove, Disregard of Claims, Detention and Modern-Slavery Provisions requires
The Illegal Migration Act 2023 introduced a duty on the Secretary of State to remove persons who enter the United Kingdom unlawfully and restricted the claims and protections available to them, administered by the Home Office. Section 2 imposes the central duty to make arrangements for the removal of a person who meets the four conditions, namely that the person entered or arrived in breach of immigration control on or after the relevant date, did not come directly from a country in which their life and liberty were threatened, requires leave to enter or remain that they do not have, and is not an exempt person. Section 4 deals with unaccompanied children and the power to provide for exceptions, and sections 16 and 17 govern their accommodation and the transfer of responsibility between the Secretary of State and local authorities. Section 5 provides for the disregard of certain claims, applications and appeals (including human-rights and protection claims) for the purposes of the removal duty, channelling such claims so that they do not prevent removal. Detention is dealt with by section 11 (powers of detention), section 12 (the period for which persons may be detained) and section 13 (powers to grant immigration bail). The modern-slavery provisions in sections 22 and 23 limit the removal protections and support that would otherwise flow from a positive reasonable-grounds decision, and section 26 provides for the suspension and revival of those provisions. Schedule 1 lists the countries and territories to which a person may be removed. The Act is the most restrictive recent reshaping of the United Kingdom asylum and removal framework, conditioning removal on objective entry criteria and disapplying claims that would otherwise suspend it.
Pillar: Immigration & Border Control · Authority: UK Parliament / Home Office · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2023/37/contents
SHA-256 integrity: e0d48e7a8c60ab75db20616efb6db65eac66e5b5e32db0a5194a2f3d072c88d7
Primary Citations — 8 traced to source
- Illegal Migration Act 2023, section 2 - duty to make arrangements for removal and the four conditions.
- Illegal Migration Act 2023, section 4 - unaccompanied children and power to provide for exceptions.
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