UK New Legislation,The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024 is a statutory instrument made under the Nationality, Immigration and Asylum Act 2002. It amends the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, which provides for the exercise of immigration and asylum functions in relation to juxtaposed controls.

The main purpose of the Order is to update the list of juxtaposed controls in the UK. A juxtaposed control is a location where immigration and asylum functions are exercised in relation to persons who are travelling between the UK and another country. The Order adds two new juxtaposed controls to the list:

  • Calais Port in France
  • Coquelles Terminal in France

The Order also makes a number of minor amendments to the principal Order, including:

  • Updating the definition of “immigration officer”
  • Clarifying the powers of immigration officers
  • Amending the provisions relating to the detention of persons

The Order came into force on 4 November 2024.

Background

The Nationality, Immigration and Asylum Act 2002 provides for the exercise of immigration and asylum functions in relation to juxtaposed controls. The Act defines a juxtaposed control as a place where immigration and asylum functions are exercised in relation to persons who are travelling between the UK and another country.

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 was made under the Act and provides for the exercise of immigration and asylum functions in relation to juxtaposed controls. The Order lists the juxtaposed controls in the UK and sets out the powers of immigration officers in relation to those controls.

Implications

The Order has a number of implications for the exercise of immigration and asylum functions in relation to juxtaposed controls. These implications include:

  • The addition of two new juxtaposed controls to the list of juxtaposed controls in the UK
  • The updating of the definition of “immigration officer”
  • The clarification of the powers of immigration officers
  • The amendment of the provisions relating to the detention of persons

The Order is likely to have a significant impact on the operation of juxtaposed controls in the UK. The addition of two new juxtaposed controls will increase the number of locations where immigration and asylum functions can be exercised. The clarification of the powers of immigration officers will provide greater clarity on the powers that immigration officers have in relation to juxtaposed controls. The amendment of the provisions relating to the detention of persons will make it easier for immigration officers to detain persons in relation to juxtaposed controls.

Conclusion

The Order is a significant amendment to the principal Order and is likely to have a significant impact on the operation of juxtaposed controls in the UK. The Order is a welcome addition to the UK’s immigration and asylum framework and will help to ensure that the UK’s borders are secure.


The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2024

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