Home Office press release: Tuesday April 1st 2003

Major building blocks of Immigration Reform now in place

A series of tough new measures come into force today - part of the most radical overhaul of citizenship, immigration and asylum laws for thirty years, Home Secretary David Blunkett said today.

In force from today are powers to strip UK citizenship from people with dual nationality who act in a way that is "seriously prejudicial" to the UK's vital interests or if it was obtained by deception.

In addition, measures contained in the NIA Act 2002 come into force which will help:

- stop failed asylum seekers delaying removal by abusing the appeal system and;

- crack down on illegal working by giving immigration officers new powers to enter and search business premises.

Mr Blunkett said:

"Last year I legislated for the most over arching and radical reform of our laws on nationality, immigration and asylum for thirty years. Today, most of the major strands of that reform are implemented, with more than two thirds of the Act is now in force.

"When I published the White Paper which set out our plan, I said that obtaining and holding British citizenship should be a meaningful event and one which is respected as something that carries with it rights and responsibilities.

"If we are to welcome those that aspire to and qualify for British citizenship; we must also ensure that those who acquire it by deception or prove to be abusing the privilege of that citizenship by acting against the UK's vital interests, are not able to retain it.

"That is why, under the new reforms in the Nationality, Immigration and Asylum Act that come into force today, I will prepare a case to take action against anyone who has acted in a way which is totally incompatible with holding British citizenship."

Reforms to the law on citizenship will also remove the minimum age requirement for people born stateless in the UK or in a British overseas territory who want to apply for British Citizenship.

Asylum appeals

Further reforms coming into force today will help to prevent the appeals process being used to frustrate and delay removal from the UK, including:

- making it clear someone can be returned to another EU country when they have already claimed asylum there, without the right to an appeal in the UK;

- a new five-day limit for detainees to lodge appeals and a closure date to prevent multiple adjournments of appeal hearings; - streamlining appeals to prevent multiple appeals on grounds which could and should have been raised at an earlier stage;

- a power for the Tribunal to certify a vexatious or unreasonable appeal as having no merit; and

- a paper-based, fast and final review (Statutory Review) by an Administrative Court judge - replacing Judicial Review for those refused permission to appeal to the Tribunal.

Illegal working

The NIA Act also includes measures to crack down on illegal working including:

- giving Immigration Officers new powers to enter business premises to search and make arrests;

- extending the time limit for prosecutions to three years from six months, to enable time to deliver robust prosecutions in complex cases;

- making it simpler to prosecute partnerships guilty of employing illegal workers; and

- a new power for the Inland Revenue to disclose information to the Home Office to identify illegal workers and remove them from the UK.

Mr Blunkett said:

"With the major provisions of the Nationality, Immigration and Asylum Act now in force, we expect to see further progress on the encouraging reductions we saw at the end of last year in the number of asylum applications and substantial further improvements since. The measures which come on line today will help to deal with the current, frequently farcical, situation whereby people we have determined not to be in need of protection lodge timewasting or late appeals in order to frustrate the proper removal process.

"They will also make it clear that there is no right to appeal in the UK against a decision to remove someone to the EU country in which they first claimed asylum.

"The Government's high level steering group on illegal working is bringing together a range of organisations to deal with the issues involved. Illegal working fuels the underground economy, creates unfair competition and leaves workers vulnerable to dangerous conditions, poor pay and exploitation from unscrupulous employers and criminal trafficking gangs.

"New powers from today will give the Immigration Service more power to effectively identify and deal with illegal workers and those that knowingly employ them with new powers to enter business premises.

"I am committed to continuing to drive forward these reforms to tackle abuse of the asylum system, deterring unfounded applicants to cut the number of applications by September; restoring value and meaning to becoming a British citizen; and ensuring that our immigration laws are not exploited."

Baroness Scotland, Minister for Asylum Appeals at the Lord Chancellor's Department, said:

"New procedure rules to guide the appeals process before the Immigration Appellate Authority should ensure that appeals are dealt with expeditiously and fairly."

Today also sees the end of the policy of exceptional leave to remain, which had acted as a pull factor, to be replaced by a much narrower category of Humanitarian Protection. This will only offer protection to those who really need it, with a very narrowly defined discretionary category for exceptional cases.

A number of changes are formally incorporated into the Immigration Rules from today which will further the Government's policy of firmly tackling abuse of the asylum system while enabling those with skills that will benefit the UK to work here legally. The changes will also tighten up the rules on marriage to prevent people getting involved in sham marriages as a way of getting into, or staying in, the UK.

Notes for editors:

1. The White Paper - Secure Borders Safe Haven - was published on 7 February 2002 (Home Office press notice 038/2002).

2. The Nationality, Immigration and Asylum Act received Royal Assent on 7 November 2002 (Home Office press notice 294/2002).

3. Recent Government action to tackle widespread abuse of the asylum system includes:

- radical reform through the Nationality, Immigration and Asylum Act including: setting up a list of countries presumed to be safe, whose nationals have no right of appeal in the UK; restrictions on benefits for asylum seekers; and a clampdown on benefit shopping; - the sealing of the Channel Tunnel at Coquelles and Frethun; - closure of Sangatte - 67,000 people had passed through its gates; - the introduction of freight searching and UK immigration controls in France and along the European coast as needed;

- stopping asylum seekers working and stepping up action on illegal working; and

- a visa regime for Zimbabwe.

4. The immigration rules were laid before the Parliament on Monday 31 March 2003.

Source for this page:    Home Office press release: Tuesday April 1st 2003

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