Law

Immigration, Asylum and Nationality Act 2006

United Kingdom · statute

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In force since 2026-10-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 69 provisions

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69 provisions

38 Disclosure of information for security purposes

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39 Disclosure to law enforcement agencies

(1) A chief officer of police may disclose information obtained in accordance with section 32 or 33 to— (a) the States of Jersey police force; (b) the salaried police force of the Island of Guernsey; (c) the Isle of Man constabulary; (d) any other foreign law enforcement agency. (2) In subsection (1) “foreign law enforcement agency” means a person outside the United Kingdom with functions similar to functions of— (a) a police force in the United Kingdom, or (b) the National Crime Agency . (3) In subsection (1) “chief officer of police” means— (a) in England and Wales, the chief officer of police for a police area specified in section 1 of the Police Act 1996, (b) in Scotland, the chief constable of the Police Service of Scotland, and (c) in Northern Ireland, the chief constable of the Police Service of Northern Ireland.

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40 Searches: contracting out

(1) An authorised person may, in accordance with arrangements made under this section, search a searchable ship, aircraft, vehicle or other thing for the purpose of satisfying himself whether there are individuals whom an immigration officer might wish to examine under paragraph 2 of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: administrative provisions). (2) For the purposes of subsection (1)— (a) “authorised” means authorised for the purpose of this section by the Secretary of State, and (b) a ship, aircraft, vehicle or other thing is “searchable” if an immigration officer could search it under paragraph 1(5) of that Schedule. (3) The Secretary of State may authorise a specified class of constable for the purpose of this section. (4) The Secretary of State may, with the consent of the Commissioners for Her Majesty's Revenue and Customs, authorise a specified class of officers of Revenue and Customs for the purpose of this section. (5) The Secretary of State may authorise a person other than a constable or officer of Revenue and Customs for the purpose of this section only if— (a) the person applies to be authorised, and (b) the Secretary of State thinks that the person is— (i) fit and proper for the purpose, and (ii) suitably trained. (6) The Secretary of State— (a) may make arrangements for the exercise by authorised constables of the powers under subsection (1), (b) may make arrangements with the Commissioners for Her Majesty's Revenue and Customs for the exercise by authorised officers of Revenue and Customs of the powers under subsection (1), and (c) may make arrangements with one or more persons for the exercise by authorised persons other than constables and officers of Revenue and Customs of the power under subsection (1). (7) Where in the course of a search under this section an authorised person discovers an individual whom he thinks an immigration officer might wish to examine under paragraph 2 of that Schedule, the authorised person may— (a) search the individual for the purpose of discovering whether he has with him anything of a kind that might be used— (i) by him to cause physical harm to himself or another, (ii) by him to assist his escape from detention, or (iii) to establish information about his identity, nationality or citizenship or about his journey; (b) retain, and as soon as is reasonably practicable deliver to an immigration officer, anything of a kind described in paragraph (a) found on a search under that paragraph; (c) detain the individual, for a period which is as short as is reasonably necessary and which does not exceed three hours, pending the arrival of an immigration officer to whom the individual is to be delivered; (d) take the individual, as speedily as is reasonably practicable, to a place for the purpose of delivering him to an immigration officer there; (e) use reasonable force for the purpose of doing anything under paragraphs (a) to (d). (8) Despite the generality of subsection (7)— (a) an individual searched under that subsection may not be required to remove clothing other than an outer coat, a jacket or a glove (but he may be required to open his mouth), and (b) an item may not be retained under subsection (7)(b) if it is subject to legal privilege— (i) in relation to a search carried out in England and Wales, within the meaning of the Police and Criminal Evidence Act 1984 (c. 60), (ii) in relation to a search carried out in Scotland, within the meaning of section 412 of the Proceeds of Crime Act 2002 (c. 29), and (iii) in relation to a search carried out in Northern Ireland, within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

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41 Section 40: supplemental

(1) Arrangements under section 40(6)(c) must include provision for the appointment of a Crown servant to— (a) monitor the exercise of powers under that section by authorised persons (other than constables or officers of Revenue and Customs), (b) inspect from time to time the way in which the powers are being exercised by authorised persons (other than constables or officers of Revenue and Customs), and (c) investigate and report to the Secretary of State about any allegation made against an authorised person (other than a constable or officer of Revenue and Customs) in respect of anything done or not done in the purported exercise of a power under that section. (2) The authorisation for the purpose of section 40 of a constable or officer of Revenue and Customs or of a class of constable or officer of Revenue and Customs— (a) may be revoked, and (b) shall have effect, unless revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation. (3) The authorisation of a person other than a constable or officer of Revenue and Customs for the purpose of section 40— (a) may be subject to conditions, (b) may be suspended or revoked by the Secretary of State by notice in writing to the authorised person, and (c) shall have effect, unless suspended or revoked, for such period as shall be specified (whether by reference to dates or otherwise) in the authorisation. (4) A class may be specified for the purposes of section 40(3) or (4) by reference to— (a) named individuals, (b) the functions being exercised by a person, (c) the location or circumstances in which a person is exercising functions, or (d) any other matter. (5) An individual or article delivered to an immigration officer under section 40 shall be treated as if discovered by the immigration officer on a search under Schedule 2 to the Immigration Act 1971 (c. 77). (6) A person commits an offence if he— (a) absconds from detention under section 40(7)(c), (b) absconds while being taken to a place under section 40(7)(d) or having been taken to a place in accordance with that paragraph but before being delivered to an immigration officer, (c) obstructs an authorised person in the exercise of a power under section 40, or (d) assaults an authorised person who is exercising a power under section 40. (7) But a person does not commit an offence under subsection (6) by doing or failing to do anything in respect of an authorised person who is not readily identifiable— (a) as a constable or officer of Revenue and Customs, or (b) as an authorised person (whether by means of a uniform or badge or otherwise). (8) A person guilty of an offence under subsection (6) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, in the case of a conviction in England and Wales, or six months, in the case of a conviction in Scotland or Northern Ireland, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (9) In relation to a conviction occurring before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (8)(a) to 51 weeks shall be treated as a reference to six months.

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42 Information: embarking passengers

(1) Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) shall be amended as follows. (2) In paragraph 3(1) for the words from “and if he is not” to the end substitute— and, if he is not a British citizen, for the purpose of establishing— (a) his identity; (b) whether he entered the United Kingdom lawfully; (c) whether he has complied with any conditions of leave to enter or remain in the United Kingdom; (d) whether his return to the United Kingdom is prohibited or restricted. (1A) An immigration officer who examines a person under sub-paragraph (1) may require him, by notice in writing, to submit to further examination for a purpose specified in that sub-paragraph. (3) After paragraph 16(1A) insert— (1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination. (4) In paragraph 21(1) after “16” insert “ (1), (1A) or (2) ”.

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43 Accommodation

(1) In section 99(1) of the Immigration and Asylum Act 1999 (c. 33) (provision of support by local authorities)— (a) for “asylum-seekers and their dependants (if any)” substitute “ persons ”, and (b) after “section” insert “ 4, ”. (2) In section 99(4) (expenditure) after “section” insert “ 4, ”. (3) In section 118(1)(b) (housing authority accommodation) for “95” substitute “ 4, 95 or 98 ”. (4) In the following provisions for “under Part VI of the Immigration and Asylum Act 1999” substitute “ under section 4 or Part VI of the Immigration and Asylum Act 1999 ” (a) section 3A(7A) of the Protection from Eviction Act 1977 (c. 43) (excluded tenancies and licences), (b) paragraph 3A(1) of Schedule 2 to the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15)) (non-secure tenancies), (c) section 23A(5A) of the Rent (Scotland) Act 1984 (c. 58) (excluded tenancies and occupancy rights), (d) paragraph 4A(1) of Schedule 1 to the Housing Act 1985 (c. 68) (non-secure tenancies), (e) paragraph 11B of Schedule 4 to the Housing (Scotland) Act 1988 (c. 43) (non-assured tenancies), and (f) paragraph 12A(1) of Schedule 1 to the Housing Act 1988 (c. 50) (non-assured tenancies). (5) A tenancy is not a Scottish secure tenancy (within the meaning of the Housing (Scotland) Act 2001 (asp 10) if it is granted in order to provide accommodation under section 4 of the Immigration and Asylum Act 1999 (accommodation). (6) A tenancy which would be a Scottish secure tenancy but for subsection (4) becomes a Scottish secure tenancy if the landlord notifies the tenant that it is to be regarded as such. (7) At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33) (accommodation) add— (10) The Secretary of State may make regulations permitting a person who is provided with accommodation under this section to be supplied also with services or facilities of a specified kind. (11) Regulations under subsection (10)— (a) may, in particular, permit a person to be supplied with a voucher which may be exchanged for goods or services, (b) may not permit a person to be supplied with money, (c) may restrict the extent or value of services or facilities to be provided, and (d) may confer a discretion.

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45 Integration loans

(1) Section 13 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (integration loan for refugees) shall be amended as follows. (2) In subsection (1) for “to refugees.” substitute — (a) to refugees, and (b) to such other classes of person, or to persons other than refugees in such circumstances, as the regulations may prescribe. (3) In subsection (2)(b) for “granted him indefinite leave to enter or remain” substitute “ granted him leave to enter or remain ”. (4) In subsection (3)(a)(iii) after “as a refugee” insert “ or since some other event) ”. (5) In subsection (3)(h) for “refugee” substitute “ person ”. (6) The heading to the section becomes “ Integration loans for refugees and others ”.

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46 Inspection of detention facilities

(1) For section 5A(5A) of the Prison Act 1952 (c. 52) (removal centres: inspection) substitute— (5A) Subsections (2) to (5) shall apply— (a) in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33), (b) in relation to short-term holding facilities within the meaning of that section, and (c) in relation to escort arrangements within the meaning of that section. (5B) In their application by virtue of subsection (5A) subsections (2) to (5)— (a) shall apply to centres, facilities and arrangements anywhere in the United Kingdom, and (b) shall have effect— (i) as if a reference to prisons were a reference to removal centres, short-term holding facilities and escort arrangements, (ii) as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and (iii) with any other necessary modifications. (2) In section 55 of that Act (extent)— (a) omit subsection (4A), and (b) after subsection (5) insert— (6) But (despite subsections (4) and (5)) the following shall extend to England and Wales, Scotland and Northern Ireland— (a) section 5A(5A) and (5B), and (b) section 5A(2) to (5) in so far as they apply by virtue of section 5A(5A).

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47 Removal: persons with statutorily extended leave

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48 Removal: cancellation of leave

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49 Capacity to make nationality application

After section 44 of the British Nationality Act 1981 (c. 61) (decisions involving discretion) insert— Waiver of requirement for full capacity 44A Where a provision of this Act requires an applicant to be of full capacity, the Secretary of State may waive the requirement in respect of a specified applicant if he thinks it in the applicant's best interests.

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50 Procedure

(1) Rules under section 3 of the Immigration Act 1971 (c. 77)— (a) may require a specified procedure to be followed in making or pursuing an application or claim (whether or not under those rules or any other enactment), (b) may, in particular, require the use of a specified form and the submission of specified information or documents, (c) may make provision about the manner in which a fee is to be paid, and (d) may make provision for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c). (2) In respect of any application or claim in connection with immigration (whether or not under the rules referred to in subsection (1) or any other enactment) the Secretary of State— (a) may require the use of a specified form, (b) may require the submission of specified information or documents, and (c) may direct the manner in which a fee is to be paid; and the rules referred to in subsection (1) may provide for the consequences of failure to comply with a requirement under paragraph (a), (b) or (c). (3) The following shall cease to have effect— (a) section 31A of the Immigration Act 1971 (procedure for applications), and (b) section 25 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19) (marriage: application for permission). (4) At the end of section 41(1) of the British Nationality Act 1981 (procedure) add— (j) as to the consequences of failure to comply with provision made under any of paragraphs (a) to (i). (5) In section 10(2)(c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement: procedure) for “made in a specified form;” substitute “ accompanied by specified information; ”. (6) Paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004 (c. 33) (immigration: procedure) shall cease to have effect.

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51 Fees

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52 Fees: supplemental

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53 Arrest pending deportation

At the end of paragraph 2(4) of Schedule 3 to the Immigration Act 1971 (c. 77) (deportation: power to detain) insert “ ; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him. ”

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54 Refugee Convention: construction

(1) In the construction and application of Article 1(F)(c) of the Refugee Convention the reference to acts contrary to the purposes and principles of the United Nations shall be taken as including, in particular— (a) acts of committing, preparing or instigating terrorism (whether or not the acts amount to an actual or inchoate offence), and (b) acts of encouraging or inducing others to commit, prepare or instigate terrorism (whether or not the acts amount to an actual or inchoate offence). (2) In this section— “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).

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55 Refugee Convention: certification

(1) This section applies to an asylum appeal where the Secretary of State issues a certificate that the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention because— (a) Article 1(F) applies to him (whether or not he would otherwise be entitled to protection), or (b) Article 33(2) applies to him on grounds of national security (whether or not he would otherwise be entitled to protection). (2) In this section— (a) “asylum appeal” means an appeal— (i) which is brought under section 82... of the Nationality, Immigration and Asylum Act 2002 (c. 41) or section 2 of the Special Immigration Appeals Commission Act 1997 (c. 68), and (ii) which is brought on the ground mentioned in section 84(1)(a) or (3)(a) of that Act (breach of United Kingdom's obligations under the Refugee Convention); (b) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951. (3) The First-tier Tribunal or the Special Immigration Appeals Commission must begin substantive deliberations on the asylum appeal by considering the statements in the Secretary of State's certificate. (4) If the Tribunal or Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to an asylum claim (before considering any other aspect of the case). (5) Section 72(10)(a) of the Nationality, Immigration and Asylum Act 2002 (serious criminal: Tribunal or Commission to begin by considering certificate) shall have effect subject to subsection (3) above. (5A) Subsections (3) and (4) also apply in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007. (6) Section 33 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (certificate of non-application of Refugee Convention) shall cease to have effect.

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56 Deprivation of citizenship

(1) For section 40(2) of the British Nationality Act 1981 (c. 61) (deprivation of citizenship: prejudicing UK interests) substitute— (2) The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good. (2) At the end of section 40A(3) of that Act (deprivation: appeal) add— , and (e) section 108 (forged document: proceedings in private). ; (and omit the word “and” before section 40A(3)(d)).

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57 Deprivation of right of abode

(1) After section 2 of the Immigration Act 1971 (c. 77) (right of abode) insert— Deprivation of right of abode 2A (1) The Secretary of State may by order remove from a specified person a right of abode in the United Kingdom which he has under section 2(1)(b). (2) The Secretary of State may make an order under subsection (1) in respect of a person only if the Secretary of State thinks that it would be conducive to the public good for the person to be excluded or removed from the United Kingdom. (3) An order under subsection (1) may be revoked by order of the Secretary of State. (4) While an order under subsection (1) has effect in relation to a person— (a) section 2(2) shall not apply to him, and (b) any certificate of entitlement granted to him shall have no effect. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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58 Acquisition of British nationality, &c.

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59 Detained persons: national minimum wage

(1) After section 153 of the Immigration and Asylum Act 1999 (c. 33) (removal centres: rules) insert— Detained persons: national minimum wage 153A A detained person does not qualify for the national minimum wage in respect of work which he does in pursuance of removal centre rules. (2) After section 45A of the National Minimum Wage Act 1998 (c. 39) (exemptions from national minimum wage: persons discharging fines) insert— Immigration: detained persons 45B Section 153A of the Immigration and Asylum Act 1999 (c. 33) (persons detained in removal centres) disqualifies certain persons for the national minimum wage.

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60 Money

There shall be paid out of money provided by Parliament— (a) any expenditure of the Secretary of State in connection with this Act, and (b) any increase attributable to this Act in sums payable under another enactment out of money provided by Parliament.

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61 Repeals

Schedule 3 (repeals) shall have effect.

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62 Commencement

(1) The preceding provisions of this Act shall come into force in accordance with provision made by order of the Secretary of State. (2) An order under subsection (1)— (a) may make provision generally or only for specified purposes, (b) may make different provision for different purposes, (c) may include transitional or incidental provision or savings, and (d) shall be made by statutory instrument.

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63 Extent

(1) This Act extends to— (a) England and Wales, (b) Scotland, and (c) Northern Ireland. (2) But— (a) an amendment by this Act of another Act has the same extent as that Act or as the relevant part of that Act (ignoring extent by virtue of an Order in Council), and (b) a provision of this Act shall, so far as it relates to nationality, have the same extent as the British Nationality Act 1981 (c. 61) (disregarding excepted provisions under section 53(7) of that Act). (3) Her Majesty may by Order in Council direct that a provision of this Act is to extend, with or without modification or adaptation, to— (a) any of the Channel Islands; (b) the Isle of Man. (3A) In subsection (3), the reference to this Act includes— (a) a reference to this Act as it has effect with the amendments and repeals made in it by the Police and Justice Act 2006, and (b) a reference to this Act as it has effect without those amendments and repeals. (4) Subsection (3) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (2)(b).

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64 Citation

(1) This Act may be cited as the Immigration, Asylum and Nationality Act 2006. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The following shall cease to have effect— (a) section 32(5) of the Immigration Act 1971 (“the Immigration Acts”), (b) in section 167(1) of the Immigration and Asylum Act 1999, the definition of “the Immigration Acts”, (c) section 158 of the Nationality, Immigration and Asylum Act 2002 (“the Immigration Acts”), and (d) section 44 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (“the Immigration Acts”). (4) In Schedule 1 to the Interpretation Act 1978 (c. 30) (defined expressions) at the appropriate place insert— “The Immigration Acts” has the meaning given by section 64 of the Immigration, Asylum and Nationality Act 2006.

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SCHEDULE 1 Immigration and Asylum Appeals: Consequential Amendments

Section 14 Nationality, Immigration and Asylum Act 2002 (c. 41) 1 The Nationality, Immigration and Asylum Act 2002 (appeals) shall be amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Race Relations Act 1976 (c. 74) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . British Nationality Act 1981 (c. 61) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Immigration Appeals Commission Act 1997 (c. 68) 14 In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in subsection (2)(a)— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) for “(continuation of leave pending variation decision)” substitute “ continuation of leave ”, and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 2 Fees: Consequential Amendments

Section 52 British Nationality Act 1981 (c. 61) 1 In section 41 of the British Nationality Act 1981 (regulations and Orders in Council)— (a) omit subsection (2), and (b) in subsection (3)— (i) omit “or (2)”, and (ii) omit paragraph (b). 2 Section 42A of the British Nationality Act 1981 (registration and naturalisation: fee) shall cease to have effect. Immigration and Asylum Act 1999 (c. 33) 3 Sections 5 and 27 of the Immigration and Asylum Act 1999 (charges) shall cease to have effect. Nationality, Immigration and Asylum Act 2002 (c. 41) 4 In section 10(2) (right of abode: certificate of entitlement)— (a) paragraph (e) shall cease to have effect, and (b) in paragraph (f) for “(a) to (e)” substitute “ (a) to (d) ”. 5 Section 122(fee for work permit, &c.) shall cease to have effect. Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 3 Repeals

Section 61 Short title and chapter | Extent of repeal Prison Act 1952 (c. 52) | Section 55(4A). Immigration Act 1971 (c. 77) | In section 27, in paragraph (c) the words “as owner or agent of a ship or aircraft or”. Section 31A. Section 32(5). In Schedule 2, paragraph 4(2A). British Nationality Act 1981 | In section 40A(3), the word “and” before paragraph (d). Section 41(2). In section 41(3)— the words “or (2)”, and paragraph (b). Section 42A. Asylum and Immigration Act 1996 (c. 49) | Sections 8 and 8A. Immigration and Asylum Act 1999 (c. 33) | Section 5. Section 27. In section 167(1), the definition of “the Immigration Acts”. Anti-terrorism, Crime and Security Act 2001 (c. 24) | Section 33. Nationality, Immigration and Asylum Act 2002 (c. 41) | Section 10(2)(e). Section 82(3). Section 110. Section 122. Section 158. Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) | Section 25. In section 42(1) the words “, with the consent of the Treasury,”. Section 44. Civil Partnership Act 2004 (c. 33) | Paragraph 2(3) of Schedule 23.

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