New Clause 14: Border Security, Asylum and  Immigration Bill
New Clause 14 - Borders legislation: Human Rights Act
“(1) This section applies to any provision made by or by virtue of this Act, the Illegal Migration Act 2023, the Immigration Acts, and any legislation relating to immigration, deportation, or asylum, including the Immigration Rules within the meaning of the Immigration Act 1971.
(2) The legislation identified in subsection (1), including in relation to the enforcement of immigration policy, deportation, the granting, removal, revocation or alteration of immigration status, or asylum, or other entitlements, must be read and given effect to disregarding the Human Rights Act 1998.
(3) In the Asylum and Immigration Appeals Act 1993, omit section 2.
(4) In the Immigration Act 1971—
(a) in section 8AA—
(i) in subsection (2), omit “Subject to subsections (3) to (5)”; and
(ii) omit subsections (2)(a)(ii) and subsections (3) to (6);
(b) in section 8B, omit subsection (5A).
(5) In section 84 of the Nationality, Immigration and Asylum Act 2002—
(a) in subsection (1), after “must” insert “not”;
(b) in subsection (2), after “must” insert “not”;
(c) in subsection (2), for “section 6” substitute “any section”; and
(d) in subsection (3) after “must” insert “not”.
(6) Where the European Court of Human Rights indicates an interim measure relating to the exercise of any function under the legislation identified in subsection (1)—
(a) it is only for a Minister of the Crown to decide whether the United Kingdom will comply with the interim measure under this section; and
(b) an immigration officer or court or tribunal must not have regard to the interim measure.”.—(Chris Philp.)