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Slide Notes

The Immigration Act 2014 is intended to create a hostile environment for undocumented migrants. It succeeds, but at the cost of creating a hostile environment for us all.
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Immigration Act 2014

Published on Nov 19, 2015

The Immigration Act 2014 will affect all UK residents, making 'papers, please' immigration checks a fact of every day life. This presentation highlights the main provisions and effects of the Act. More more detail see the full ebook at www.freemovement.org.uk.

PRESENTATION OUTLINE

IMMIGRATION ACT 2014

IMPACT AND EFFECTS
The Immigration Act 2014 is intended to create a hostile environment for undocumented migrants. It succeeds, but at the cost of creating a hostile environment for us all.

REMOVALS

EASIER, FASTER, LESS APPEALABLE
A new generalised removal power for those who require leave to enter or remain but do not have it is introduced, making removals more straightforward for the Home Office and removing procedural safeguards.

The power also extends to family members of those with leave, even if the family member has leave themselves.

There is no automatic right of appeal.

ENFORCEMENT

MORE POWERS, MORE FORCE
Use of ‘reasonable force’ is enabled for all powers exercisable under all Immigration Acts. New power for searches of property belonging to third parties on ‘reasonable grounds’.

The exercise of existing powers have been criticised by the Chief Inspector of Borders and Immigration. This expansion in powers may expand the use of speculative searches.

New powers for demanding biometric data as part of immigration and nationality applications and for retention of biometric data.

IMMIGRATION DETENTION

NEW LIMITS ON BAIL, MORE DETENTION POWERS
Bail no longer possible if removal scheduled within 14 days. No repeat bail applications within 28 days unless change of circumstances can be proven.

Investigative detention powers expanded to include establishing whether a person is to be detained or is liable to be detained.

APPEALS

ONLY ON REFUGEE AND HUMAN RIGHTS GROUNDS
Sections 82, 83, 83A and 84 of the Nationality, Immigration and Asylum Act 2002 totally rewritten to provide only for appeals where a refugee or human rights decision is made. No right of appeal for ordinary immigration decisions and no ground of appeal of 'not in accordance with the immigration rules'.

Administrative review process by the executive replaces appeal rights to the judiciary.
Photo by Zé.Valdi

NO OF APPEALS

Sharp fall in number of appeals is predicted by the Home Office 0 a drop of around 70%. Presumably applications for judicial review will rise.

HUMAN RIGHTS

JUDGES TOLD WHAT TO THINK
A set of statutory considerations are introduced for mandatory consideration by judges deciding human rights cases - this by the Home Secretary who falsely claimed that one man had won a human rights appeal on the basis of his pet cat.
Photo by storem

"PAPERS PLEASE"

LANDLORDS, BANKS, DVLA HAVE TO CHECK IMMIGRATION STATUS
A civil penalty regime with fines of up to £3,000 for landlords who rent to a person without the right kind of immigration status unless they have carried out the kind of immigration status check of which Immigration Minister Mark Harper fell foul in 2014.

Banks and building societies also have to check immigration status, as does the driving licence DVLA.

A new power is also introduced to set an unspecified NHS levy on new migrants.

SHAM MARRIAGES

NEW INVESTIGATION POWERS
All marriages in which one of the happy couple is a non EEA national must now undergo additional checks and the Anglican church is no longer able to conduct its own marriage notification process for such couples, who must instead go through the civil preliminaries process.
Photo by Thomás

SHAM MARRIAGES

CITIZENSHIP
- Gender inequality corrected
- But naturalised Brits can be made Stateless

Historic gender inequalities in British nationality laws are finally corrected.

However, a new power to deprive a naturalised British citizen of his or her British citizenship is introduced even where deprivation will render the person stateless.
Photo by Chris Fleming

APPLICATION FEES

MORE OF THEM, CHANGED MORE OFTEN
New simplified powers to charge fees in an immigration context are introduced, likely leading to more charges for more immigration 'services', higher fees and more frequent changes to fees.

A HOSTILE ENVIRONMENT

FOR ALL OF US
We all suffer from the additional intrusion of immigration 'papers please' checks in our daily lives. Migrants and ethnic minorities will suffer more than most.

For more information including a more detailed ebook visit
www.freemovement.org.uk

More information is available on Free Movement at www.freemovement.org.uk, including an online training course and downloadable ebook on the Immigration Act 2014.