Biometric immigration documents
Under Sections 5-15, the Home Secretary is empowered to require individuals subject to immigration control to apply for a biometric document, and to require its use for specified immigration circumstances.
These documents are to be used in the wide set of circumstances specified in Section 5(1) of the Act, the details of which are to be set out in future regulations, and which could apply to asylum seekers and refugees. Section 7 of the Act sets out the consequences of noncompliance, including the refusal or termination of leave to enter or remain in the UK.
The concern is that failure to comply may lead to the refusal of protection to an asylum seeker, or the withdrawal of leave already given, purely due to a failure to comply with the requirements of documentation.
Powers for conditional leave to enter or remain
Section 16 allows for the imposition of residence or reporting conditions upon anyone with limited leave to enter or remain in the UK. It includes those recognised as refugees and those with humanitarian protection or discretionary leave to remain in the UK. Failure to comply with any of the conditions raises the possibility of a refusal of leave to remain or the curtailment of leave.
Previously the only conditions that could be imposed on someone’s leave were those which restricted employment or occupation in the UK. It was also possible to impose requirements obliging individuals to maintain and accommodate themselves and any dependants without recourse to public funds, and requiring them to register with the police on arrival in the UK. The provisions in this Act therefore represent a significant extension of these powers.
The Government proposed that Section 16 will be used in relation to two categories of person. The Government’s Regulatory Impact Assessment states that it is proposed to use these powers against ‘people who have committed serious crimes in the UK but whose removal would breach international standards’. A further category of person against whom such powers could be employed is unaccompanied asylum seeking children, with a view to more swiftly effecting removal when they turn 18.
The present breadth of Section 16 means that the use of these powers will not simply be confined to those individuals who have committed serious crimes or minors. This section could, for example, be used to impose a curfew requirement on a refugee who has been a model citizen and never engaged in criminality. Alternatively, the provisions could be employed in a way that significantly interferes with a person’s daily life responsibilities. For example, reporting requirements may be imposed requiring daily or weekly attendance and may interfere with a refugee’s employment or a child refugee’s education by affecting their ability to attend classes.
Confirmed support for asylum seekers with unexhausted appeal rights
Section 17 provides that an asylum seeker remains eligible for support during an appeal related to his asylum claim. The Act fails however to address the problems of destitution faced by people after the appeals process.
Further powers for immigration Officers
Section 1 provides for further powers for immigration officers allowing them to detain persons suspected of being liable to arrest for non-immigration offences for up to three hours pending the arrival of a policeman.
Deportation of criminals
Following the political fall-out from the Home Office’s failure to remove previously convicted foreign offenders, Sections 32-39 detail the conditions and procedure under which a foreign national prisoner will be automatically deported. There are exemptions for cases raising protection issues.
Border and immigration inspectorate
Sections 48 to 56 of the Act establish a single independent inspectorate for the Border and Immigration Agency (BIA), which replaces the existing inspecting bodies. On 1 April 2008, the BIA was merged with UKvisas and the port of entry functions of HM Revenue and Customs to create one new integrated border control body, the UK Border Agency (UKBA).
