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New regs bring key bits of Borders Act into force on 28 June


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Hot off the virtual presses over at legislation.gov.uk: the Nationality and Borders Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022 (SI 2022 No. 590). The instrument brings into force, on 28 June, around a third of the act’s 82 substantive sections. This is in addition to the dozen or so provisions that automatically go live on that date or are already in force.

Schedule 1 of the commencement order lists the sections that will now kick in on the 28th. They include the two-tier refugee status, inadmissibility and third country removal rules at the heart of the Act; the outlandish new or toughened criminal offences in section 40; and the power to require people who don’t need a UK visa to get an electronic travel authorisation. Schedule 1 in full:

Provisions of the 2022 Act coming into force on 28th June 2022

1.  Section 1 (historical inability of mothers to transmit citizenship).

2.  Section 2 (historical inability of unmarried fathers to transmit citizenship).

3.  Section 4 (sections 1 and 2: related British citizenship), except to the extent that section 4K(1)(a) of the British Nationality Act 1981(1), inserted by section 4(2) of the 2022 Act, refers to section 17H of the British Nationality Act 1981.

4.  Section 5 (period for registration of person born outside the British overseas territories).

5.  Section 6 (disapplication of historical registration requirements).

6.  Section 7 (citizenship where mother married to someone other than natural father).

7.  Section 8 (citizenship: registration in special cases).

8.  Section 9 (requirements for naturalisation etc) and Schedule 1 (waiver of requirement of presence in UK etc), except for paragraph 3(4)(d) of that Schedule.

9.  Section 11 (citizenship: stateless minors).

10.  Section 12 (differential treatment of refugees).

11.  Section 13(1) and (3) (accommodation for asylum seekers etc).

12.  Section 14(1), (2), (6) and (7) (requirement to make asylum claim at “designated place”), so far as not already in force.

13.  Section 14(3) and (5), for the purposes of section 15 (asylum claims by EU nationals: inadmissibility) and section 16 (asylum claims by persons with connection to safe third State: inadmissibility).

14.  Section 15 (asylum claims by EU nationals: inadmissibility).

15.  Section 16 (asylum claims by persons with connection to safe third State: inadmissibility).

16.  Section 17 (clarification of basis for support where asylum claim inadmissible).

17.  Section 29 (removal of asylum seeker to safe third country), so far as not already in force, and paragraphs 1 to 4 of Schedule 4.

18.  Section 30(3) (interpretation of Refugee Convention).

19.  Section 37 (Article 31(1): immunity from penalties).

20.  Section 40 (illegal entry and similar offences), save in so far as it relates to the insertion of section 24(E1) into the 1971 Act.

21.  Section 41 (assisting unlawful immigration or asylum seeker).

22.  Section 45 and Schedule 7 (maritime enforcement).

23.  Section 46(6) (amendment to section 10(10) of the Immigration and Asylum Act 1999).

24.  Section 47 (prisoners liable to removal from the United Kingdom) and Schedule 8 (prisoners returning to the UK: modifications of Criminal Justice Act 2003).

25.  Section 48 (matters relevant to decisions relating to immigration bail).

26.  Section 75 (electronic travel authorisations).

27.  Section 77 (Special Immigration Appeals Commission).

28.  Section 79 (references to justices of the peace in relation to Northern Ireland).

29.  Section 82 (pre-consolidation amendments of immigration legislation), so far as not already in force.

There are some transitional provisions in Schedule 2. Importantly, section 12 on “differential treatment of refugees” does not apply to anyone who lodges their claim before 28 June. So those who get their claim in before the axe falls should, if successful, be entitled to proper refugee status rather than at risk of being put in Group 2 and getting “temporary refugee permission”.

Keen statutory instrument watchers may also wish to note last week’s Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2022 (SI 2022 No. 571).

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CJ McKinney

CJ McKinney is a specialist on immigration law and policy. Formerly the editor of Free Movement, you will find a lot of articles by CJ here on this website! Twitter: @mckinneytweets.