Borders Act to overhaul asylum system becomes law

[JB007]

Borders Act to overhaul asylum system becomes law

https://www.gov.uk/government/news/bord ... ecomes-law

[vinny]

Nationality and Borders Act 2022 Government Bill

[secret.simon]

Waiting for the lovely people at Legislation.gov.uk to update the current legislation with the amendments from this Act, once the relevant sections have been commenced.

Apart from the more controversial sections on asylum, which explicitly creates two types of asylum seekers, there is also a whole swathe of changes and addition to nationality law that has gone under the radar.

Unusually, the sections on changes in asylum law come into effect automatically two months after the day the bill received Royal Assent (so 28th June 2022), rather than the more usual commencement by commencement order at a time of convenience for the Home Office.

A lot of the changes to nationality law actually makes it easier to either apply for or claim British citizenship. For instance, the SSHD can now register adults as British citizens under certain circumstances, such as "historical legislative unfairness" (that term is defined within the Act).

Crucially, the five/three years physical presence in the UK requirement for naturalisation can be set aside at discretion now, rather than being a mandatory requirement that could not be set aside. Note that this provision has not been commenced yet.

Conversely, the loophole used by Indian parents to register their UK-born children as British citizens (by intentionally making them stateless, by not registering them as Indian citizens) in five years under the statelessness provisions is being closed.

Essentially the child should not be able to acquire another nationality under the following conditions in order to register as a British citizen under the statelessness provisions of the BNA 1981.

(a) the nationality is the same as that of one of the person’s parents,
(b) the person has been entitled to acquire the nationality since birth, and
(c) in all the circumstances, it is reasonable to expect the person (or someone acting on their behalf) to take the steps which would enable the person to acquire the nationality in question.

The UK-born children will of course continue to be eligible to apply for British citizenship after residing in the UK for the first 10 years of their life.

[JB007]

Waiting for the lovely people at Legislation.gov.uk to update the current legislation with the amendments from this Act, once the relevant sections have been commenced.

@secret.simon Is this it?
https://www.legislation.gov.uk/ukpga/20 ... ts/enacted

[secret.simon]

Waiting for the lovely people at Legislation.gov.uk to update the current legislation with the amendments from this Act, once the relevant sections have been commenced.

@secret.simon Is this it?
https://www.legislation.gov.uk/ukpga/20 ... ts/enacted

Partially, yes.

They have published the full Act now. But they will need to amend other Acts of Parliament (such as the British Nationality Act 1981) when the relevant sections and schedules are commenced by commencement orders. And there is no time limit on when an Act of Parliament can be commenced. Famously, the Easter Act 1928 has never been commenced. That is also why the British Nationality Act 1981 was enacted in 1981, but only came into force on 1st January 1983.

So, although the Act has been enacted, most of it, at least as regards nationality, has not yet come in force. Some sections about asylum applications have come into force already or will come into force automatically (which is somewhat unusual, especially for a government bill) at the end of June 2022.

[JB007]

Waiting for the lovely people at Legislation.gov.uk to update the current legislation with the amendments from this Act, once the relevant sections have been commenced.

@secret.simon Is this it?
https://www.legislation.gov.uk/ukpga/20 ... ts/enacted

Partially, yes.

They have published the full Act now. But they will need to amend other Acts of Parliament (such as the British Nationality Act 1981) when the relevant sections and schedules are commenced by commencement orders. And there is no time limit on when an Act of Parliament can be commenced. Famously, the Easter Act 1928 has never been commenced. That is also why the British Nationality Act 1981 was enacted in 1981, but only came into force on 1st January 1983.

So, although the Act has been enacted, most of it, at least as regards nationality, has not yet come in force. Some sections about asylum applications have come into force already or will come into force automatically (which is somewhat unusual, especially for a government bill) at the end of June 2022.

Interesting. Thank you.

[JB007]

Nationality and Borders Act 2022 Government Bill

New statement of changes to the Immigration Rules: HC 17 (Borders Act)
https://freemovement.org.uk/new-stateme ... rders-act/


When is the Nationality and Borders Act 2022 coming into force?
https://freemovement.org.uk/nationality ... -in-force/

[JB007]

This seems to be connected to this thread?

The Bill of Rights will make it easier to deport foreign criminals by allowing future laws to restrict the circumstances in which their right to family life would trump public safety and the need to remove them.

It will mean that under future immigration laws, to evade removal a foreign criminal would have to prove that a child or dependent would come to overwhelming, unavoidable harm if they were deported.

As a result, any new laws will curb the abuse of the system that has seen those convicted of hurting their own partners and children evade removal by claiming it would breach their right to family life in the UK.

The Bill of Rights will also:

Boost freedom of the press and freedom of expression by introducing a stronger test for courts to consider before they can order journalists to disclose their sources.

Prevent courts from placing new costly obligations on public authorities to actively protect someone’s human rights and limit the circumstances in which current obligations apply, for example, police forces having to notify gang members of threats towards them from other gangs.

Insulate the Government’s plans to increase the use of prison Separation Centres against legal challenge from extremist offenders claiming ‘a right to socialise’.

Recognise that trial by jury is a fundamental component of fair trials in the UK.

Prevent human rights from being used as a way to bring claims on overseas military operations once alternative options are provided by upcoming legislation.

Confirm that interim measures from the European Court of Human Rights under Rule 39, such as the one issued last week which prevented the removal flight to Rwanda, are not binding on UK courts.

https://www.gov.uk/government/news/bill ... hts-claims

[vinny]

Yes. The “Bill of Rights” curbs the power of European Human Rights in the UK. It lessens the people’s current European Convention on Human Rights protections against the State. I believe these protections were essentially Churchhill’s legacy to avoid another Holocaust.