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Immigration and Asylum Act 1999 (c. 33)

(The document as of February, 2008)

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Immigration and Asylum Act 1999

1999 CHAPTER 33

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Immigration: General

    1. Leave to enter, or remain in, the United Kingdom

      1. 1. Leave to enter.

      2. 2. Leave to remain.

      3. 3. Continuation of leave pending decision.

      4. 4. Accommodation for those temporarily admitted or released from detention.

      5. 5. Charges.

    2. Exemption from immigration control

      1. 6. Members of missions other than diplomatic agents.

      2. 7. Persons ceasing to be exempt.

      3. 8. Persons excluded from the United Kingdom under international obligations.

    3. Removal from the United Kingdom

      1. 9. Treatment of certain overstayers.

      2. 10. Removal of certain persons unlawfully in the United Kingdom.

      3. 11. Removal of asylum claimants under standing arrangements with member States.

      4. 12. Removal of asylum claimants in other circumstances.

      5. 13. Proof of identity of persons to be removed or deported.

      6. 14. Escorts for persons removed from the United Kingdom under directions.

      7. 15. Protection of claimants from removal or deportation.

    4. Provision of financial security

      1. 16. Security on grant of entry clearance.

      2. 17. Provision of further security on extension of leave.

    5. Information

      1. 18. Passenger information.

      2. 19. Notification of non-EEA arrivals.

      3. 20. Supply of information to Secretary of State.

      4. 21. Supply of information by Secretary of State.

    6. Employment: code of practice

      1. 22. Restrictions on employment: code of practice.

    7. Monitoring entry clearance

      1. 23. Monitoring refusals of entry clearance.

    8. Reporting suspicious marriages

      1. 24. Duty to report suspicious marriages.

    9. Immigration control: facilities and charges

      1. 25. Provision of facilities for immigration control at ports.

      2. 26. Charges: immigration control.

    10. Charges: travel documents

      1. 27. Charges: travel documents.

    11. Offences

      1. 28. Deception.

      2. 29. Facilitatio

  2. Part II

    Carriers' Liability

    1. Clandestine entrants

      1. 32. Penalty for carrying clandestine entrants.

      2. 33. Code of practice.

      3. 34. Defences to claim that penalty is due under section 32.

      4. 35. Procedure.

      5. 36. Power to detain vehicles etc. in connection with penalties under section 32.

      6. 37. Effect of detention.

      7. 38. Assisting illegal entry and harbouring.

      8. 39. Rail freight.

    2. Passengers without proper documents

      1. 40. Charges in respect of passengers without proper documents.

      2. 41. Visas for transit passengers.

      3. 42. Power to detain vehicles etc. in connection with charges under section 40.

    3. Interpretation

      1. 43. Interpretation of Part II.

  3. Part III

    Bail

    1. Routine bail hearings

      1. 44. Bail hearings for detained persons.

      2. 45. Location of bail hearings.

      3. 46. General right to be released on bail.

      4. 47. Powers exercisable on granting bail.

      5. 48. Forfeiture.

      6. 49. Forfeiture of securities.

      7. 50. Power of arrest.

    2. Procedure

      1. 51. Procedure.

      2. 52. Use of live television links at bail hearings.

    3. Bail hearings under other enactments

      1. 53. Applications for bail in immigration cases.

      2. 54. Extension of right to apply for bail in deportation cases.

    4. Grants

      1. 55. Grants to voluntary organisations.

  4. Part IV

    Appeals

    1. The appellate authorities

      1. 56. The Immigration Appeal Tribunal.

      2. 57. Adjudicators.

    2. Appeals

      1. 58. General.

    3. Leave to enter

      1. 59. Leave to enter the United Kingdom.

      2. 60. Limitations on rights of appeal under section 59.

    4. Variation of limited leave to enter or remain

      1. 61. Variation of limited leave to enter or remain.

      2. 62. Limitations on rights of appeal under section 61.

    5. Deportation

      1. 63. Deportation orders.

      2. 64. Limitations on rights of appeal under section 63.

    6. Human rights

      1. 65. Acts made unlawful by section 6(1) of the Human Rights Act 1998.

    7. Directions for removal

      1. 66. Validity of directions for removal.

    8. Objection to destination

      1. 67. Removal on objection to destination.

      2. 68. Limitations on rights of appeal under section 67.

    9. Asylum

      1. 69. Claims for asylum.

      2. 70. Limitations on rights of appeal under section 69.

    10. Removal to safe countries

      1. 71. Removal of asylum claimants to safe third countries.

    11. Miscellaneous

      1. 72. Miscellaneous limitations on rights of appeal.

      2. 73. Limitation on further appeals.

    12. "One-stop" procedure

      1. 74. Duty to disclose grounds for appeal etc.

      2. 75. Duty to disclose grounds for entering etc. the United Kingdom.

      3. 76. Result of failure to comply with section 74.

      4. 77. "One-stop" appeals.

      5. 78. Transfer of appellate proceedings.

    13. Appeals without merit

      1. 79. Penalty on continuing an appeal without merit.

    14. EEA nationals

      1. 80. EEA nationals.

    15. Grants

      1. 81. Grants to voluntary organisations.

  5. Part V

    Immigration Advisers and Immigration Service Providers

    1. Interpretation

      1. 82. Interpretation of Part V.

    2. The Immigration Services Commissioner

      1. 83. The Commissioner.

    3. The general prohibition

      1. 84. Provision of immigration services.

      2. 85. Registration and exemption by the Commissioner.

      3. 86. Designated professional bodies.

    4. The Immigration Services Tribunal

      1. 87. The Tribunal.

      2. 88. Appeal upheld by the Tribunal.

      3. 89. Disciplinary charge upheld by the Tribunal.

      4. 90. Orders by disciplinary bodies.

    5. Enforcement

      1. 91. Offences.

      2. 92. Enforcement.

    6. Miscellaneous

      1. 93. Information.

  6. Part VI

    Support for Asylum-Seekers

    1. Interpretation

      1. 94. Interpretation of Part VI.

    2. Provision of support

      1. 95. Persons for whom support may be provided.

      2. 96. Ways in which support may be provided.

      3. 97. Supplemental.

      4. 98. Temporary support.

    3. Support and assistance by local authorities etc.

      1. 99. Provision of support by local authorities.

      2. 100. Local authority and other assistance for Secretary of State.

      3. 101. Reception zones.

    4. Appeals

      1. 102. Asylum Support Adjudicators.

      2. 103. Appeals.

      3. 104. Secretary of State's rules.

    5. Offences

      1. 105. False representations.

      2. 106. Dishonest representations.

      3. 107. Delay or obstruction.

      4. 108. Failure of sponsor to maintain.

      5. 109. Supplemental.

    6. Expenditure

      1. 110. Payments to local authorities.

      2. 111. Grants to voluntary organisations.

      3. 112. Recovery of expenditure on support: misrepresentation etc.

      4. 113. Recovery of expenditure on support from sponsor.

      5. 114. Overpayments.

    7. Exclusions

      1. 115. Exclusion from benefits.

      2. 116. Amendment of section 21 of the National Assistance Act 1948.

      3. 117. Other restrictions on assistance: England and Wales.

      4. 118. Housing authority accommodation.

      5. 119. Homelessness: Scotland and Northern Ireland.

      6. 120. Other restrictions on assistance: Scotland.

      7. 121. Other restrictions on assistance: Northern Ireland.

      8. 122. Support for children.

      9. 123. Back-dating of benefits where person recorded as refugee.

    8. Miscellaneous

      1. 124. Secretary of State to be corporation sole for purposes of Part VI.

      2. 125. Entry of premises.

      3. 126. Information from property owners.

      4. 127. Requirement to supply information about redirection of post.

  7. Part VII

    Power To Arrest, Search and Fingerprint

    1. Power to arrest

      1. 128. Arrest without warrant.

    2. Power to search and arrest

      1. 129. Search and arrest by warrant.

      2. 130. Search and arrest without warrant.

    3. Power to enter and search premises

      1. 131. Entry and search of premises.

      2. 132. Entry and search of premises following arrest.

      3. 133. Entry and search of premises following arrest under section 25(1) of the 1971 Act.

    4. Power to search persons

      1. 134. Searching arrested persons.

      2. 135. Searching persons in police custody.

    5. Seized material: access and copying

      1. 136. Access and copying.

    6. Search warrants

      1. 137. Search warrants: safeguards.

      2. 138. Execution of warrants.

      3. 139. Interpretation.

    7. Detention

      1. 140. Detention of persons liable to examination or removal.

    8. Fingerprinting

      1. 141. Fingerprinting.

      2. 142. Attendance for fingerprinting.

      3. 143. Destruction of fingerprints.

      4. 144. Other methods of collecting data about physical characteristics.

    9. Codes of practice

      1. 145. Codes of practice.

    10. Use of force

      1. 146. Use of force.

  8. Part VIII

    Detention Centres and Detained Persons

    1. Interpretation

      1. 147. Interpretation of Part VIII.

    2. Detention centres

      1. 148. Management of detention centres.

      2. 149. Contracting out of certain detention centres.

      3. 150. Contracted out functions at directly managed detention centres.

      4. 151. Intervention by Secretary of State.

      5. 152. Visiting Committees and inspections.

      6. 153. Detention centre rules.

    3. Custody and movement of detained persons

      1. 154. Detainee custody officers.

      2. 155. Custodial functions and discipline etc. at detention centres.

      3. 156. Arrangements for the provision of escorts and custody.

      4. 157. Short-term holding facilities.

    4. Miscellaneous

      1. 158. Wrongful disclosure of information.

      2. 159. Power of constable to act outside his jurisdiction.

  9. Part IX

    Registrar's Certificates: Procedure

    1. 160. Abolition of certificate by licence.

    2. 161. Notice of marriage.

    3. 162. Power to require evidence.

    4. 163. Refusal to issue certificate.

  10. Part X

    Miscellaneous and Supplemental

    1. 164. Institution of proceedings.

    2. 165. Procedural requirements as to applications.

    3. 166. Regulations and orders.

    4. 167. Interpretation.

    5. 168. Expenditure and receipts.

    6. 169. Minor and consequential amendments, transitional provisions and repeals.

    7. 170. Short title, commencement and extent.

  11. Schedules:

    1. Schedule 1

      Sale of Transporters.

    2. Schedule 2

      The Immigration Appeal Tribunal.

    3. Schedule 3

      Adjudicators.

    4. Schedule 4

      Appeals.

      1. Part I

        Procedure.

      2. Part II

        Effect of Appeals.

      3. Part III

        Determination of Appeals.

    5. Schedule 5

      The Immigration Services Commissioner.

      1. Part I

        Regulatory Functions.

      2. Part II

        Commissioner's Status, Remuneration and Staff etc.

    6. Schedule 6

      Registration.

    7. Schedule 7

      The Immigration Services Tribunal.

    8. Schedule 8

      Provision of Support: Regulations.

    9. Schedule 9

      Asylum Support: Interim Provisions.

    10. Schedule 10

      Asylum Support Adjudicators.

    11. Schedule 11

      Detainee Custody Officers.

    12. Schedule 12

      Discipline etc at Detention Centres.

    13. Schedule 13

      Escort Arrangements.

    14. Schedule 14

      Consequential Amendments.

    15. Schedule 15

      Transitional Provisions and Savings.

    16. Schedule 16

      Repeals.

An Act to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar's certificate; and for connected purposes.

[11th November 1999]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Immigration: General

Leave to enter, or remain in, the United Kingdom

1 Leave to enter

In the 1971 Act, after section 3, insert--

" 3A Further provision as to leave to enter

(1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.

(2) An order under subsection (1) may, in particular, provide for--

(a) leave to be given or refused before the person concerned arrives in the United Kingdom;

(b) the form or manner in which leave may be given, refused or varied;

(c) the imposition of conditions;

(d) a person's leave to enter not to lapse on his leaving the common travel area.

(3) The Secretary of State may by order provide that, in such circumstances as may be prescribed--

(a) an entry visa, or

(b) such other form of entry clearance as may be prescribed,

is to have effect as leave to enter the United Kingdom.

(4) An order under subsection (3) may, in particular--

(a) provide for a clearance to have effect as leave to enter--

(i) on a prescribed number of occasions during the period for which the clearance has effect;

(ii) on an unlimited number of occasions during that period;

(iii) subject to prescribed conditions; and

(b) provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

(5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.

(6) In subsections (3), (4) and (5) "prescribed" means prescribed in an order made under subsection (3).

(7) The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.

(8) An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.

(9) Subsection (8) is not to be read as affecting any power conferred by subsection (10).

(10) An order under this section may--

(a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases.

(11) This Act and any provision made under it has effect subject to any order made under this section.

(12) An order under this section must be made by statutory instrument.

(13) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House. "

2 Leave to remain

In the 1971 Act, after section 3A, insert--

" 3B Further provision as to leave to remain

(1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.

(2) An order under subsection (1) may, in particular, provide for--

(a) the form or manner in which leave may be given, refused or varied;

(b) the imposition of conditions;

(c) a person's leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

(3) An order under this section may--

(a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b) make different provision for different cases.

(4) This Act and any provision made under it has effect subject to any order made under this section.

(5) An order under this section must be made by statutory instrument.

(6) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House. "

3 Continuation of leave pending decision

In the 1971 Act, after section 3B, insert--

" 3C Continuation of leave pending decision

(1) This section applies if--

(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and

(b) when it expires, no decision has been taken on the application.

(2) His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.

(3) An application for variation of a person's leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.

(4) But subsection (3) does not prevent the variation of an application mentioned in subsection (1). "

4 Accommodation for those temporarily admitted or released from detention

The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of persons--

(a) temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the 1971 Act;

(b) released from detention under that paragraph; or

(c) released on bail from detention under any provision of the Immigration Acts.

5 Charges

(1) The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications for--

(a) leave to remain in the United Kingdom;

(b) the variation of leave to enter, or remain in, the United Kingdom;

(c) an indefinite leave stamp to be fixed on the applicant's passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).

(2) If a fee prescribed in connection with an application of a particular kind is payable, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.

(3) But--

(a) a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is--

(i) a person making a claim for asylum which claim either has not been determined or has been granted; or

(ii) a dependant of such a person; and

(b) the regulations may provide for no fee to be payable in prescribed circumstances.

(4) If no fee is payable in respect of some part of the application, the Secretary of State must entertain that part of the application.

(5) "Indefinite leave stamp" means a stamp which indicates that the applicant has been granted indefinite leave to enter, or remain in, the United Kingdom.

(6) "Claim for asylum" has the meaning given in subsection (1) of section 94; and subsection (3) of that section applies for the purposes of this section as it applies for the purposes of Part VI.

(7) "Dependant" has such meaning as may be prescribed.



Exemption from immigration control

6 Members of missions other than diplomatic agents

In the 1971 Act, in section 8 (exceptions for certain categories of person), for subsection (3A) (members of diplomatic missions) substitute--

" (3A) For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless--

(a) he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and

(b) he has not ceased to be such a member after having taken up the post. "

7 Persons ceasing to be exempt

In the 1971 Act, after section 8, insert--

" 8A Persons ceasing to be exempt

(1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).

(2) If a person who is exempt--

(a) ceases to be exempt, and

(b) requires leave to enter or remain in the United Kingdom as a result,

he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt.

(3) If--

(a) a person who is exempt ceases to be exempt, and

(b) there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),

his leave is to be treated as expiring at the end of that period. "

8 Persons excluded from the United Kingdom under international obligations

In the 1971 Act, after section 8A, insert--

" 8B Persons excluded from the United Kingdom under international obligations

(1) An excluded person must be refused--

(a) leave to enter the United Kingdom;

(b) leave to remain in the United Kingdom.

(2) A person's leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

(3) A persons's exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

(4) "Excluded person" means a person--

(a) named by or under, or

(b) of a description specified in,

a designated instrument.

(5) The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it--

(a) requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

(b) recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

(6) Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.

(7) An order under this section must be made by statutory instrument.

(8) Such a statutory instrument shall be laid before Parliament without delay. "



Removal from the United Kingdom

<<<< >>>>

9 Treatment of certain overstayers

(1) During the regularisation period overstayers may apply, in the prescribed manner, for leave to remain in the United Kingdom.

(2) The regularisation period begins on the day prescribed for the purposes of this subsection and is not to be less than three months.

(3) The regularisation period ends--

(a) on the day prescribed for the purposes of this subsection; or

(b) if later, on the day before that on which section 65 comes into force.

(4) Section 10 and paragraph 12 of Schedule 15 come into force on the day after that on which the regularisation period ends

(5) The Secretary of State must publicise the effect of this section in the way appearing to him to be best calculated to bring it to the attention of those affected.

(6) "Overstayer" means a person who, having only limited leave to enter or remain in the United Kingdom, remains beyond the time limited by the leave.

10 Removal of certain persons unlawfully in the United Kingdom

(1) A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if--

(a) having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;

(b) he has obtained leave to remain by deception; or

(c) directions ("the first directions") have been given for the removal, under this section, of a person ("the other person") to whose family he belongs.

(2) Directions may not be given under subsection (1)(a) if the person concerned has made an application for leave to remain in accordance with regulations made under section 9.

(3) Directions may not be given under subsection (1)(c) unless the Secretary of State has given the person concerned written notice, not more than eight weeks after the other person left the United Kingdom in accordance with the first directions, that he intends to remove the person concerned from the United Kingdom.

(4) If such a notice is sent by the Secretary of State by first class post, addressed to the person concerned's last known address, it is to be taken to have been received by that person on the second day after the day on which it was posted.

(5) Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the other person.

(6) Directions under this section--

(a) may be given only to persons falling within a prescribed class;

(b) may impose any requirements of a prescribed kind.

(7) In relation to any such directions, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule.

(8) Directions for the removal of a person given under this section invalidate any leave to enter or remain in the United Kingdom given to him before the directions are given or while they are in force.

(9) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.

11 Removal of asylum claimants under standing arrangements with member States

(1) In determining whether a person in relation to whom a certificate has been issued under subsection (2) may be removed from the United Kingdom, a member State is to be regarded as--

(a) a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.

(2) Nothing in section 15 prevents a person who has made a claim for asylum ("the claimant") from being removed from the United Kingdom to a member State if--

(a) the Secretary of State has certified that--

(i) the member State has accepted that, under standing arrangements, it is the responsible State in relation to the claimant's claim for asylum; and

(ii) in his opinion, the claimant is not a national or citizen of the member State to which he is to be sent;

(b) the certificate has not been set aside on an appeal under section 65.

(3) Unless a certificate has been issued under section 72(2)(a) in relation to a person, he is not to be removed from the United Kingdom--

(a) if he has an appeal under section 65 against the decision to remove him in accordance with this section pending; or

(b) before the time for giving notice of such an appeal has expired.

(4) "Standing arrangements" means arrangements in force as between member States for determining which state is responsible for considering applications for asylum.

12 Removal of asylum claimants in other circumstances

(1) Subsection (2) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to--

(a) a member State, or a territory which forms part of a member State, otherwise than under standing arrangements; or

(b) a country other than a member State which is designated by order made by the Secretary of State for the purposes of this section.

(2) Nothing in section 15 prevents the claimant's removal if--

(a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (7) are fulfilled;

(b) the certificate has not been set aside on an appeal under section 65.

(3) Unless a certificate has been issued under section 72(2)(a) in relation to a person, he is not to be removed from the United Kingdom--

(a) if he has an appeal under section 65 against the decision to remove him in accordance with subsection (2) pending; or

(b) before the time for giving notice of such an appeal has expired.

(4) Subsection (5) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to a country which is not--

(a) a member State; or

(b) a country designated under subsection (1)(b).

(5) Nothing in section 15 prevents the claimant's removal if--

(a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (7) are fulfilled;

(b) the certificate has not been set aside on an appeal under section 65 or 71; and

(c) the time for giving notice of such an appeal has expired and no such appeal is pending.

(6) For the purposes of subsection (5)(c), an appeal under section 65 is not to be regarded as pending if the Secretary of State has issued a certificate under section 72(2)(a) in relation to the allegation on which it is founded.

(7) The conditions are that--

(a) he is not a national or citizen of the country to which he is to be sent;

(b) his life and liberty would not be threatened there by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(c) the government of that country would not send him to another country otherwise than in accordance with the Refugee Convention.

(8) "Standing arrangements" has the same meaning as in section 11.

13 Proof of identity of persons to be removed or deported

(1) This section applies if a person--

(a) is to be removed from the United Kingdom to a country of which he is a national or citizen; but

(b) does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.

(2) If the country to which the person is to be removed indicates that he will not be admitted to it unless identification data relating to him are provided by the Secretary of State, he may provide them with such data.

(3) In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.

(4) For the purposes of paragraph 4(1) of Schedule 4 to the [1998 c. 29.] Data Protection Act 1998, the provision under this section of identification data is a transfer of personal data which is necessary for reasons of substantial public interest.

(5) "Identification data" means--

(a) fingerprints taken under section 141; or

(b) data collected in accordance with regulations made under section 144.

(6) "Removed" means removed as a result of directions given under section 10 or under Schedule 2 or 3 to the 1971 Act.

14 Escorts for persons removed from the United Kingdom under directions

(1) Directions for, or requiring arrangements to be made for, the removal of a person from the United Kingdom may include or be amended to include provision for the person who is to be removed to be accompanied by an escort consisting of one or more persons specified in the directions.

(2) The Secretary of State may by regulations make further provision supplementing subsection (1).

(3) The regulations may, in particular, include provision--

(a) requiring the person to whom the directions are given to provide for the return of the escort to the United Kingdom;

(b) requiring him to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed;

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