(1)The Secretary of State or an immigration officer may serve a person who is liable to removal or deportation from the United Kingdom with a claim notice.
(2)A claim notice is a notice requiring its recipient to provide to the Secretary of State and any other competent authority specified in the notice—
(a)any reasons they have for wishing to enter or remain in the United Kingdom,
(b)any grounds on which they should be permitted to enter or remain in the United Kingdom,
(c)any grounds on which they should not be removed from or required to leave the United Kingdom,
(d)any relevant status information, and
(e)any evidence in support of the matters mentioned in paragraphs (a) to (d).
(See also section 60A(5) of the Nationality and Borders Act 2022, inserted by section 36 (credibility consequences of late provision of modern slavery information).)
(3)A claim notice must—
(a)specify a date on or before which its recipient must comply with its requirements (the “claim notice deadline”);
(b)set out the consequences of failing to comply with its requirements by the claim notice deadline.
(4)The Secretary of State may by regulations make provision for additional requirements to be imposed by, or information to be provided by, a claim notice.
(5)A recipient of a claim notice is not required to provide any relevant status information in response to the notice which they have previously provided to the Secretary of State or the competent authority specified in the notice.
(6)When a claim notice is served on a person who has previously been served with a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 (requirement to provide reasons and grounds), the notice under section 120 ceases to have effect.
(7)Where a recipient of a claim notice provides the Secretary of State or competent authority with any information required by the claim notice after the claim notice deadline, they must also provide a statement setting out their reasons for not providing the information before the claim notice deadline.
(8)For the purposes of this section, a person is “liable to removal or deportation from the United Kingdom” if they are liable to—
(a)removal under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom), or
(b)deportation under section 3(5) or (6) of the Immigration Act 1971 (deportation of foreign nationals where conducive to the public good or on conviction of offence punishable with imprisonment etc).
(9)In this section — “competent authority” has the same meaning as in Part 5 of the Nationality and Borders Act 2022 (see section 65A of that Act); “relevant status information”, in relation to a person, means information that may be relevant for the purpose of making a reasonable grounds or conclusive grounds decision (within the meaning of Part 5 of the Nationality and Borders Act 2022) in relation to that person.
(10)In Part 2 of the Nationality and Borders Act 2022 (asylum), omit—
(a)section 18 (provision of evidence in support of protection or human rights claim);
(b)section 19(4) (late response to notice under section 18: damage to credibility);
(c)sections 20 to 25, and the italic heading before section 20 (priority removal notices);
(d)Schedule 3 (expedited appeals where priority removal notice served: consequential amendments);
(e)section 26, and the italic heading before it (late evidence);
(f)section 27 (accelerated detained appeals).
(11)In the Immigration and Asylum Act 1999, omit section 10D (removal: PRN recipients).
Amends Nationality and Borders Act 2022, section 18 — Provision of evidence in support of protection or human rights claim
Nationality and Borders Act 2022 — section 18
(1) The Secretary of State or an immigration officer may serve an evidence notice on a person who has made a protection claim or a human rights claim.
(2) An “evidence notice” is a notice requiring the recipient to provide, before the specified date, any evidence in support of the claim.
(3) Subsection (5) applies if the recipient of an evidence notice provides the Secretary of State or an immigration officer with evidence in support of the claim on or after the specified date.
(4) Subsection (5) also applies if the recipient of an evidence notice provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with evidence in support of the claim where the evidence—
(a) should have been provided in response to the evidence notice but was not, and
(b) is provided on or after the specified date.
(5) The recipient must also provide a statement setting out their reasons for not providing the evidence before the specified date (and see section 26 of this Act and section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004).
(6) In this section, “specified date” means the date specified in an evidence notice.
Amends Nationality and Borders Act 2022, section 19 — Asylum or human rights claim: damage to claimant’s credibility
Nationality and Borders Act 2022 — section 19
(1) Section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility) is amended in accordance with subsections (2) to (6).
(2) After subsection (1) insert—(1A)Tribunal Procedure Rules must secure that, where the deciding authority is the First-tier Tribunal, it must include, as part of its reasons for a decision that disposes of proceedings, a statement explaining— (a)whether it considers that the claimant has engaged in behaviour to which this section applies, and (b)if it considers that the claimant has engaged in such behaviour, how it has taken account of the behaviour in making its decision. (1B)Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the deciding authority is the Special Immigration Appeals Commission, it must include, as part of its reasons for a decision that determines proceedings, a statement explaining the matters mentioned in subsection (1A)(a) and (b).
(3) After subsection (3) insert—(3A)This section also applies to any relevant behaviour by the claimant that the deciding authority thinks is not in good faith. (3B)In subsection (3A) “relevant behaviour” means behaviour— (a)in connection with the asylum claim or human rights claim in question or (in the case of an appeal relating to such a claim) the appeal in question, (b)in any dealings with a person exercising immigration and nationality functions, or (c)in connection with— (i)a claim made, or civil proceedings brought, under any provision of immigration legislation, or (ii)judicial review proceedings, or (in Scotland) an application to the supervisory jurisdiction of the Court of Session, relating to a decision taken by a person in exercise of immigration and nationality functions.
(4) After subsection (6) insert—(6A)This section also applies to the late provision by the claimant of evidence in relation to the asylum claim or human rights claim in question, unless there are good reasons why the evidence was provided late. (6B)For the purposes of subsection (6A), evidence is provided “late” by the claimant if— (a)it is provided pursuant to an evidence notice served on the claimant under section 18(1) of the Nationality and Borders Act 2022, and (b)it is provided on or after the date specified in the notice.
(5) In subsection (7), at the appropriate places insert—“immigration and nationality functions” means functions exercisable by virtue of— (a)the Immigration Acts (but see subsection (9B)), or (b)the Nationality Acts;; “immigration legislation” means— (a)the Immigration Acts, (b)the Nationality Acts, and (c)rules under section 3(2) of the Immigration Act 1971 (general immigration rules);; “Nationality Acts” means— (a)the British Nationality Act 1981, (b)the Hong Kong Act 1985, (c)the Hong Kong (War Wives and Widows) Act 1996, and (d)the British Nationality (Hong Kong) Act 1997;.
(6) After subsection (9A) insert—(9B)In paragraph (a) of the definition of “immigration and nationality functions” in subsection (7), the reference to the Immigration Acts does not include a reference to— (a)sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc), or (b)section 14 of this Act (power of arrest).
(7) The amendments made by this section apply in relation to a determination mentioned in section 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 only where—
(a) the asylum claim or human rights claim to which the determination relates was made, or
(b) if the determination is made in appeal proceedings, the appeal was brought,
on or after the day on which this section comes into force.
Amends Nationality and Borders Act 2022, section 20 — Priority removal notices
Nationality and Borders Act 2022 — section 20
(1) The Secretary of State or an immigration officer may serve a person who is liable to removal or deportation from the United Kingdom with a priority removal notice.
(2) A person who receives such a notice is referred to in this section as the “PRN recipient”.
(3) A priority removal notice is a notice—
(a) requiring the PRN recipient to provide to the Secretary of State (and any other competent authority specified in the notice)—
(i) a statement setting out the matters described in section 120(2)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (reasons and grounds for application etc),
(ii) any relevant status information (within the meaning given by section 58(3)), and
(iii) any evidence in support of the matters mentioned in sub-paragraphs (i) and (ii), and
(b) setting out the date (the “PRN cut-off date”) before which the PRN recipient must comply with that requirement.
(4) The requirement in subsection (3)(a) does not apply in relation to anything that the PRN recipient has previously provided to the Secretary of State or any other competent authority.
(5) Subsection (7) applies if the PRN recipient provides the Secretary of State or any other competent authority with any statement, information or evidence mentioned in subsection (3)(a) on or after the PRN cut-off date.
(6) Subsection (7) also applies if the PRN recipient provides the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in section 22(9)) or the Special Immigration Appeals Commission with any statement, information or evidence mentioned in subsection (3)(a) that—
(a) should have been provided in response to the priority removal notice but was not, and
(b) is provided on or after the PRN cut-off date.
(7) The PRN recipient must also provide a statement setting out their reasons for not providing the statement, information or evidence before the PRN cut-off date (and see sections 22 and 26).
(8) For the purposes of this section, a person is “liable to removal or deportation from the United Kingdom” if they are liable to—
(a) removal under section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom), or
(b) deportation under section 3(5) or (6) of the Immigration Act 1971 (deportation of foreign nationals where conducive to the public good or on conviction of offence punishable with imprisonment etc).
(9) In this section “competent authority” has the same meaning as in Part 5 (see section 69).
Amends Nationality and Borders Act 2022, section 21 — Priority removal notices: supplementary
Nationality and Borders Act 2022 — section 21
(1) A priority removal notice remains in force until the end of the period of 12 months beginning with—
(a) the PRN cut-off date, or
(b) if later, the day on which any appeal rights of the PRN recipient in respect of a relevant claim are exhausted.
(2) In subsection (1) “relevant claim” means a protection claim or a human rights claim brought by the PRN recipient while the priority removal notice is in force.
(3) For the purposes of subsection (1), the PRN recipient’s appeal rights in respect of a claim are exhausted at the time when—
(a) the PRN recipient’s claim has been determined,
(b) the PRN recipient could not bring an appeal in respect of the claim under section 82 of the 2002 Act (ignoring any possibility of an appeal out of time with permission), and
(c) no appeal brought by the PRN recipient is pending within the meaning of section 104 of that Act.
(4) A priority removal notice remains in force until the end of the period mentioned in subsection (1) even if the PRN recipient ceases to be liable to removal or deportation from the United Kingdom during that period.
(5) A priority removal notice may not be served on a person in relation to whom such a notice is already in force (but this does not prevent a further notice from being served once the previous notice ceases to be in force as mentioned in subsection (1)).
(6) Subsection (7) applies if the PRN recipient has previously been served with—
(a) an evidence notice under section 18,
(b) a slavery or trafficking information notice under section 58, or
(c) a notice under section 120 of the 2002 Act (requirement to provide reasons and grounds).
(7) The previous notice ceases to have effect on the service of the priority removal notice.
(8) Expressions used in this section that are defined for the purposes of section 20 have the same meaning in this section as in that section.
Amends Nationality and Borders Act 2022, section 22 — Late compliance with priority removal notice: damage to credibility
Nationality and Borders Act 2022 — section 22
(1) This section applies where—
(a) a PRN recipient provided material in response to the priority removal notice served on them,
(b) the material was provided late, and
(c) a relevant decision is being made.
(2) This section also applies where—
(a) a PRN recipient provided material to the First-tier Tribunal, the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) or the Special Immigration Appeals Commission,
(b) the material should have been provided in response to the priority removal notice served on the PRN recipient but was not,
(c) the material was provided late, and
(d) a relevant decision is being made.
(3) A “relevant decision” is being made if—
(a) a protection claim or a human rights claim made by the PRN recipient is being considered, or
(b) a competent authority is making a reasonable grounds decision or a conclusive grounds decision in relation to the PRN recipient (decisions concerning status as victim of slavery or human trafficking).
(4) In determining whether to believe a statement made by or on behalf of the PRN recipient, a deciding authority must take account, as damaging the PRN recipient’s credibility, of the late provision of the material, unless there are good reasons why it was provided late.
(5) Tribunal Procedure Rules must secure that, where the First-tier Tribunal or the Upper Tribunal (when acting in the circumstances mentioned in subsection (9)) is making a decision that disposes of proceedings, it must include, as part of its reasons for the decision, a statement explaining—
(a) whether it considers that this section applies, and
(b) if it considers that this section does apply, how, in making its decision, it has taken account of the fact that the PRN recipient provided the material late.
(6) Rules under section 5 of the Special Immigration Appeals Commission Act 1997 (SIAC procedure rules) must secure that, where the Special Immigration Appeals Commission is making a decision that determines proceedings, it must include, as part of its reasons for the decision, a statement explaining the matters mentioned in subsection (5)(a) and (b).
(7) For the purposes of this section, material is provided “late” by the PRN recipient if it is provided on or after the PRN cut-off date.
(8) In subsection (4) “deciding authority”—
(a) in relation to a decision mentioned in subsection (3)(a) means—
(i) the Secretary of State,
(ii) an immigration officer,
(iii) the First-tier Tribunal,
(iv) the Upper Tribunal in the circumstances described in subsection (9), or
(v) the Special Immigration Appeals Commission;
(b) in relation to a decision mentioned in subsection (3)(b), means the competent authority.
(9) The circumstances are when the Upper Tribunal is acting—
(a) under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), or
(b) in relation to—
(i) an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or
(ii) an expedited related appeal within the meaning of section 24 that involves a protection claim or a human rights claim.
(10) In this section—
(11) Section 26 makes further provision about the effect of a PRN recipient providing evidence late.
Amends Nationality and Borders Act 2022, section 23 — Priority removal notices: expedited appeals
Nationality and Borders Act 2022 — section 23
(1) After section 82 of the Nationality, Immigration and Asylum Act 2002 insert—82AExpedited appeal to Upper Tribunal in certain cases(1)This section applies where — (a)a person (“P”) has been served with a priority removal notice, (b)P has made a protection claim or a human rights claim on or after the PRN cut-off date but while the priority removal notice is still in force, and (c)P has a right under section 82(1) to bring an appeal from within the United Kingdom (see section 92) in relation to the claim. (2)The Secretary of State must certify P’s right of appeal under this section, unless satisfied that there were good reasons for P making the claim on or after the PRN cut-off date (and P’s right of appeal may not be certified if the Secretary of State is satisfied that there were good reasons). (3)If certified under this section, P’s right of appeal under section 82(1) is to the Upper Tribunal instead of the First-tier Tribunal (and any appeal brought pursuant to such a right is referred to in this section as an “expedited appeal”). (4)Tribunal Procedure Rules must make provision with a view to securing that expedited appeals are brought and determined more quickly than an appeal under section 82(1) would, in the normal course of events, be brought and determined by the First-tier Tribunal. (5)Tribunal Procedure Rules must secure that the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in the case of a particular expedited appeal, order that the appeal is to be continued as an appeal to the First-tier Tribunal and accordingly is to be transferred to that Tribunal. (6)In this section, “priority removal notice” and “PRN cut-off date” have the same meanings as in section 20 of the Nationality and Borders Act 2022.
(2) In section 13(8) of the Tribunals, Courts and Enforcement Act 2007 (decisions excluded from right to appeal to the Court of Appeal), after paragraph (b) insert—(bza)any decision of the Upper Tribunal on an expedited appeal within the meaning given by section 82A(3) of the Nationality, Immigration and Asylum Act 2002 (expedited appeal against refusal of protection claim or human rights claim),.
(3) Schedule 3 makes amendments consequential on this section.
Amends Nationality and Borders Act 2022, section 24 — Expedited appeals: joining of related appeals
Nationality and Borders Act 2022 — section 24
(1) For the purposes of this section, an “expedited section 82 appeal” is an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002 (expedited appeals for claims brought on or after PRN cut-off date).
(2) For the purposes of this section, a “related appeal” is an appeal under any of the following—
(a) section 82(1) of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims), other than one which is an expedited section 82 appeal;
(b) section 40A of the British Nationality Act 1981 (appeal against deprivation of citizenship);
(c) the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (appeal rights in respect of EU citizens’ rights immigration decisions etc);
(d) regulation 36 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals against EEA decisions) as it continues to have effect following its revocation.
(3) If a person brings an expedited section 82 appeal at a time when a related appeal brought by that person is pending before the First-tier Tribunal, the related appeal is, from that time, to be continued as an appeal to the Upper Tribunal and accordingly is to be transferred to the Upper Tribunal.
(4) If an expedited section 82 appeal brought by a person is pending, any right that the person would otherwise have to bring a related appeal to the First-tier Tribunal is instead a right to bring it to the Upper Tribunal.
(5) A related appeal within subsection (3) or brought to the Upper Tribunal as mentioned in (4) is referred to in this section as an “expedited related appeal”.
(6) Tribunal Procedure Rules must make provision with a view to securing that the Upper Tribunal consolidates an expedited related appeal and the expedited section 82 appeal concerned or hears them together (and see section 82A(4) of the Nationality, Immigration and Asylum Act 2002).
(7) Tribunal Procedure Rules must secure that the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in the case of a particular expedited related appeal, order that the appeal is to be continued as an appeal to the First-tier Tribunal and accordingly is to be transferred to that Tribunal.
(8) For the purposes of this section, an appeal is “pending”—
(a) in the case of an appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 (including an expedited section 82 appeal), if it is pending within the meaning of section 104 of that Act;
(b) in the case of an appeal under section 40A of the British Nationality Act 1981, during the period—
(i) beginning when it is instituted, and
(ii) ending when it is finally determined or withdrawn;
(c) in the case of an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, if it is pending within the meaning of regulation 13 of those Regulations;
(d) in the case of an appeal under the regulation 36 of the Immigration (European Economic Area) Regulations 2016, if it is pending within the meaning of Part 6 of those Regulations (see regulation 35).
(9) In section 13(8) of the Tribunals, Courts and Enforcement Act 2007 (decisions excluded from right to appeal to the Court of Appeal), after paragraph (bza) (inserted by section 22) insert—(bzb)any decision of the Upper Tribunal on an expedited related appeal within the meaning given by section 24 of the Nationality and Borders Act 2022 (expedited appeals against refusal of protection claim or human rights claim: joining of related appeals),.
About the provision this changes
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Amends Nationality and Borders Act 2022, section 25 — Civil legal services for recipients of priority removal notices
Nationality and Borders Act 2022 — section 25
(1) In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), after paragraph 31 (immigration: accommodation for asylum-seekers etc) insert—Immigration: recipients of priority removal notices31ZA(1)Civil legal services provided, to an individual who has received a priority removal notice, in relation to— (a)the priority removal notice; (b)the individual’s immigration status; (c)the lawfulness of the individual’s removal from the United Kingdom; (d)immigration detention of the kinds mentioned in paragraph 25(1). Condition applying to services described in sub-paragraph (1): overall time limit(2)Civil legal services described in sub-paragraph (1) may be provided for up to (but no more than) 7 hours. (3)If a person who has been provided with civil legal services described in sub-paragraph (1) subsequently receives a further priority removal notice, sub-paragraph (2) applies again (so that time spent in providing services following receipt of the earlier notice does not count towards the new limit). General exclusions(4)Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule. Specific exclusions(5)The services described in sub-paragraph (1) do not include— (a)advocacy; (b)attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on a claim in respect of the rights mentioned in paragraph 30(1), except where regulations provide otherwise; (c)attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of making a reasonable grounds decision or a conclusive grounds decision; (d)services provided in relation to— (i)any private law rights the individual may have (such as rights under employment law or the law of tort), or (ii)any claim for damages in relation to unlawful detention. Definition(6)In this paragraph “priority removal notice” means a notice under section 20 of the Nationality and Borders Act 2022.
(2) In section 9 of that Act (civil legal aid: general cases), after subsection (2) insert—(3)The powers conferred by subsection (2)(b) include power to amend paragraph 31ZA of Part 1 of Schedule 1 (immigration: recipients of priority removal notices) so as to alter the time limit applicable to the provision of services described in sub-paragraph (1) of that paragraph (whether generally or in specified cases or circumstances). (4)The Lord Chancellor may by order make provision as to the operation of any overall time limit applicable to the provision of services described in paragraph 31ZA(1), including in particular— (a)provision for determining the time available (not exceeding the overall time limit) for the provision of such services in any individual’s case, or (b)provision as to the use that may, or must, be made of some or all of the time available.
(3) In regulation 11(9) of the Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) (qualifying for civil legal services: cases in which merits criteria do not apply), at the end insert, or(e)in relation to any matter described in paragraph 31ZA of Schedule 1 to the Act (immigration: recipients of priority removal notices).
(4) In regulation 5(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (exceptions from requirement to make a determination in respect of an individual’s financial resources), omit the “and” at the end of paragraph (ka) and, after paragraph (l), insert—(m)civil legal services described in paragraph 31ZA of Part 1 of Schedule 1 to the Act (immigration: recipients of priority removal notices).
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Amends Nationality and Borders Act 2022, Schedule 3 — Expedited appeals where priority removal notice served: consequential amendments
Nationality and Borders Act 2022 — Schedule 3
1 The Nationality, Immigration and Asylum Act 2002 is amended in accordance with paragraphs 2 to 6.
2 In section 85 (matters to be considered on appeal)—
(a) in subsections (1), (2) and (4), after “the Tribunal” insert “or the Upper Tribunal”;
(b) in subsection (5)—
(i) after “the Tribunal”, in the first place it appears, insert “or the Upper Tribunal”;
(ii) for “the Tribunal”, in the second place it appears, substitute “the tribunal concerned”.
3 In section 86 (determination of appeal), in subsection (2), after “the Tribunal” insert “or the Upper Tribunal”.
4 In section 106 (tribunal procedure rules), in subsections (3) and (4), after “the Tribunal” insert “or the Upper Tribunal”.
5 In section 107 (practice directions)—
(a) before subsection (3) insert—(2A)Subsection (3) applies to— (a)proceedings under section 82 in the Tribunal or proceedings in the Upper Tribunal arising out of such proceedings; (b)proceedings under section 82 in the Upper Tribunal (see section 82A and section 24 of the Nationality and Borders Act 2022).;
(b) in subsection (3), for the words from “under section 82” to “such proceedings” substitute “to which this subsection applies”.
6 In section 108 (forged document: proceedings in private), in subsection (2), after “The Tribunal” insert “or the Upper Tribunal”.
7 In section 8 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant’s credibility), in subsection (9A)—
(a) for the words from the beginning to “subsection (7) the” substitute “In this section a”;
(b) after “acting” insert —(a);
(c) at the end insert, or(b)in relation to— (i)an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or (ii)an expedited related appeal within the meaning of section 24 of the Nationality and Borders Act 2022 that involves an asylum claim or a human rights claim.
Amends Nationality and Borders Act 2022, section 26 — Late provision of evidence in asylum or human rights claim: weight
Nationality and Borders Act 2022 — section 26
(1) This section applies where—
(a) evidence is provided late by a claimant in relation to an asylum claim or a human rights claim, and
(b) the evidence falls to be considered by a deciding authority for the purpose of determining—
(i) the claim, or
(ii) where a decision in respect of the claim is the subject of a relevant appeal, the appeal.
(2) Unless there are good reasons why the evidence was provided late, the deciding authority must, in considering it, have regard to the principle that minimal weight should be given to the evidence.
(3) For the purposes of subsection (1)(a), evidence is provided “late” by a claimant if it is within subsection (4) or (5).
(4) Evidence is within this subsection if—
(a) it is provided pursuant to an evidence notice served on the claimant under section 18(1), and
(b) it is provided on or after the date specified in the notice.
(5) Evidence is within this subsection if—
(a) it is provided pursuant to a priority removal notice served on the claimant under section 20 in support of the matters mentioned in subsection (3)(a)(i) of that section (reasons and grounds for application), and
(b) it is provided on or after the PRN cut-off date.
(6) The reference in subsection (1)(b)(i) to determining a claim includes a reference to determining—
(a) whether to certify the claim under section 94(1) of the 2002 Act (unfounded claims);
(b) whether to accept or reject further submissions made by the claimant for the purposes of the immigration rules.
(7) In this section—
(a) an immigration officer,
(b) the Secretary of State,
(c) the First-tier Tribunal,
(d) the Upper Tribunal in the circumstances described in subsection (8), or
(e) the Special Immigration Appeals Commission;
(a) section 82 of the 2002 Act, or
(b) section 2 of the Special Immigration Appeals Commission Act 1997.
(8) The circumstances are when the Upper Tribunal is acting—
(a) under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007 (Upper Tribunal re-making First-tier Tribunal decision on finding of error of law), or
(b) in relation to—
(i) an expedited appeal within the meaning of section 82A of the Nationality, Immigration and Asylum Act 2002, or
(ii) an expedited related appeal within the meaning of section 24 that involves an asylum claim or a human rights claim.
Amends Nationality and Borders Act 2022, section 27 — Accelerated detained appeals
Nationality and Borders Act 2022 — section 27
(1) In this section “accelerated detained appeal” means a relevant appeal (see subsection (6)) brought—
(a) by a person who—
(i) was detained under a relevant detention provision (see subsection (7)) at the time at which they were given notice of the decision which is the subject of the appeal, and
(ii) remains in detention under a relevant detention provision, and
(b) against a decision that—
(i) is of a description prescribed by regulations made by the Secretary of State, and
(ii) when made, was certified by the Secretary of State under this section.
(2) The Secretary of State may only certify a decision under this section if the Secretary of State considers that any relevant appeal brought in relation to the decision would likely be disposed of expeditiously.
(3) Tribunal Procedure Rules must secure that the following time limits apply in relation to an accelerated detained appeal—
(a) any notice of appeal must be given to the First-tier Tribunal not later than 5 working days after the date on which the appellant was given notice of the decision against which the appeal is brought;
(b) the First-tier Tribunal must make a decision on the appeal, and give notice of that decision to the parties, not later than 25 working days after the date on which the appellant gave notice of appeal to the tribunal;
(c) any application (whether to the First-tier Tribunal or the Upper Tribunal) for permission to appeal to the Upper Tribunal must be determined by the tribunal concerned not later than 20 working days after the date on which the applicant was given notice of the First-tier Tribunal’s decision.
(4) A relevant appeal ceases to be an accelerated detained appeal on the appellant being released from detention under any relevant detention provision.
(5) Tribunal Procedure Rules must secure that the First-tier Tribunal or (as the case may be) the Upper Tribunal may, if it is satisfied that it is the only way to secure that justice is done in a particular case, order that a relevant appeal is to cease to be an accelerated detained appeal.
(6) For the purposes of this section, a “relevant appeal” is an appeal to the First-tier Tribunal under any of the following—
(a) section 82(1) of the Nationality, Immigration and Asylum Act 2002 (appeals in respect of protection and human rights claims);
(b) section 40A of the British Nationality Act 1981 (appeal against deprivation of citizenship);
(c) the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61) (appeal rights in respect of EU citizens’ rights immigration decisions etc);
(d) regulation 36 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (appeals against EEA decisions) as it continues to have effect following its revocation.
(7) For the purposes of this section, a “relevant detention provision” is any of the following—
(a) paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);
(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);
(c) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention of persons liable to examination or removal);
(d) section 36(1) of the UK Borders Act 2007 (detention pending deportation).
(8) In this section “working day” means any day except—
(a) a Saturday or Sunday, Christmas Day, Good Friday or 26 to 31 December, and
(b) any day that is a bank holiday under section 1 of the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the appellant concerned is detained.
(9) Regulations under this section are subject to negative resolution procedure.
Amends Immigration and Asylum Act 1999, section 10D — Removal: PRN recipients
Immigration and Asylum Act 1999 — section 10D
(1) This section applies to a person who is liable to removal under section 10 and is a PRN recipient.
(2) If the person does not make a protection claim or a human rights claim before the PRN cut-off date, the person may be removed from the United Kingdom if—
(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)), and
(b) they are removed before the end of the period of 21 days beginning with the day after the PRN cut-off date.
(3) If the PRN recipient makes a protection claim or a human rights claim, the person may be removed from the United Kingdom if—
(a) the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (4)),
(b) their appeal rights are exhausted, and
(c) they are removed before the end of the period of 21 days beginning with the day after the date on which their appeal rights are exhausted;
(4) A notice of departure details under this section is a written notice which—
(a) states the date on which the person is to be removed,
(b) states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination.
(5) But this section does not apply unless the priority removal notice stated—
(a) a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (4)(b), and
(b) stops, other than stops falling within subsection (6), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (4)(b).
(6) A stop falls within this subsection if it is a stop in—
(a) the United Kingdom, or
(b) a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
(7) At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.
(8) For the purposes of this section and section 10E—
Explanatory Notes · published by the Government with the Bill
86. This clause allows the Secretary of State or an immigration officer to issue a claim notice to those who are liable to removal or deportation. The notice will require the person to tell the Home Office all the reasons for wanting remain in the UK or why they should not be removed. This then allows the Secretary of State to operate a new late claims procedure as set out in Clause 12.
87. The notice will also require the person to disclose any information relevant to whether they are a potential victim of modern slavery or human trafficking. Failure to comply with this part of the notice is linked to the credibility consequences set out clause 36 (which inserts a new section 60A(5) into the Nationality and Borders Act 2022 (‘NABA’)).
88. Subsection (1) introduces a new provision to allow the Secretary of State or an immigration officer to serve a claim notice to an individual who is liable to removal or deportation from the United Kingdom.
89. Subsection (2)(a) to (e) establishes that the claim notice will require the recipient to provide the following information to the Secretary of State and any other competent authority specified in the notice:
a. any reasons for wishing to enter or remain in the United Kingdom;
b. any grounds upon which they should be permitted to enter or remain in the United Kingdom;
c. any grounds upon which they should not be removed from the United Kingdom;
d. any relevant status information (which in effect is information relating to reasonable grounds or conclusive grounds decisions with regard to modern slavery) and
e. any evidence supporting these submissions.
90. Subsection (2) provides a signpost to section 60A(5) of NABA (inserted by clause 36 of this Act) which sets out the consequences for late disclosure of relevant status information.
91. Subsection (3)(a) and (b) require the claim notice to specify:
a. The date by which the recipient must respond to the notice with any relevant claims or information; and
b. the consequences of failing to comply with that deadline.
92. Subsection (4) gives a power to the Secretary of State to make regulations about additional information to be provided in the notice or for the notice to impose additional requirements.
93. Subsection (5) establishes that a person who receives a claim notice is not required to re-submit any relevant status information (per para 4d. above) that has already been provided to the Secretary of State or the competent authority.
94. Subsection (6) sets out that in a case where someone receiving a claim notice has previously been served with a notice under section 120 of the Nationality, Immigration and Asylum Act 2002, the requirements served under the section 120 notice cease to apply, and are superseded by the requirements of this claim notice.
95. Subsection (7) provides that, where information is submitted after the specified deadline, the individual must also provide a statement explaining reasons for the delay.
96. Subsection (8) defines when a person is ‘liable to removal or deportation from the United Kingdom’ for these purposes as when:
a. they are liable to be removed on the basis they are in the country unlawfully (per section 10 of the Immigration an Asylum Act 1999), or
a. they are liable to be deported (per section 3(5) or (6) of the Immigration Act 1971 respectively).
97. Subsection (9) defines “competent authority” for the purposes of this section as having the same meaning as in Part 5 of NABA and “relevant status information” as information that may be relevant for the purpose of making a reasonable grounds or conclusive grounds decision, in relation to that person (within the meaning of Part 5 of the NABA).
98. Subsections (10) and (11) repeal un-commenced provisions relating to priority removal notices, in NABA and the Immigration and Asylum Act 1999, respectively.
Amendments tabled 3, including 1 from the Government · 1 would remove the whole clause · 3 decided
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 1 agreed, 1 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 8, line 1, leave out Clause 11
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Adds words
Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson
This amendment would require people served with a claim notice to raise all their grounds by the deadline, so that grounds raised later could not be relied on in an appeal unless they arise from a material change of circumstances.
Effect on the clause · the printed text with this amendment applied
8:35the claim notice deadline, they must also provide a statement setting out their
8:36reasons for not providing the information before the claim notice deadline.
(7A) Where the recipient of a claim notice provides any reasons or grounds after the claim notice deadline, those reasons or grounds may not be relied on in any appeal before the IIAA or the Upper Tribunal unless the IIAA is satisfied that they arise from a material change of circumstances occurring after the claim notice deadline.
8:37(8) For the purposes of this section, a person is “liable to removal or deportation
The amendment · as tabled, addressed to the printed Bill
Clause 11, page 8, line 36, at end insert—
“(7A) Where the recipient of a claim notice provides any reasons or grounds after the claim notice deadline, those reasons or grounds may not be relied on in any appeal before the IIAA or the Upper Tribunal unless the IIAA is satisfied that they arise from a material change of circumstances occurring after the claim notice deadline.”
This amendment was debated and rejected, following a vote.
Amendment 38
Government
Anna Turley, Minister of State (Home Office) Adds words
Agreed
Explanatory statement · what it would do, in the words of the Government
Effect on the clause · the printed text with this amendment applied
9:9(a) section 18 (provision of evidence in support of protection or human
9:10rights claim);
(aa) section 19(2) (statements about credibility required by First-tier Tribunal and SIAC);
9:11(b) section 19(4) (late response to notice under section 18: damage to
The amendment · as tabled, addressed to the printed Bill
Clause 11, page 9, line 10, at end insert—
“(aa) section 19(2) (statements about credibility required by First-tier Tribunal and SIAC);”
This amendment was agreed to.