Member

189: After Clause 48, insert the following new Clause— “Disapplication of the Human Rights Act 1998 for immigration legislation(1) For the purposes of any provision made by virtue of this Act or the relevant immigration legislation, and for any decision, action or policy made under this Act or the relevant immigration legislation, the Human Rights Act 1998 does not apply.(2) Where a court or tribunal is considering any decision under the relevant immigration legislation, the court or tribunal must disregard the Human Rights Act 1998.(3) For the purposes of this section “the relevant immigration legislation” means—(a) the Immigration Acts as defined by section 61(2) of the UK Borders Act 2007, and(b) the Immigration Rules made under section 3(2) of the Immigration Act 1971.(4) In the Human Rights Act 1998—(a) in section 3, after subsection (2), insert—“(3) This section does not apply to any provision made by or by virtue of the relevant immigration legislation as defined by section (Disapplication of the Human Rights Act 1998 for immigration legislation) of the Border Security, Asylum and Immigration Act 2025.”;(b) in section 6— (i) in subsection (2)(a) omit the last “or”(ii) after subsection (2)(b) insert—“(c) the authority was exercising powers or fulfilling functions conferred on the authority by the relevant immigration legislation as defined by section (Disapplication of the Human Rights Act 1998 for Immigration Legislation) of the Border Security, Asylum and Immigration Act 2025.”(5) In the Immigration Act 1971—(a) in section 8AA—(i) in subsection (2), omit “Subject to subsections (3) to (5)”,(ii) in subsection (2)(a)(i) omit “, or”;(iii) omit subsection (2)(a)(ii), and(iv) omit subsections (3) to (6), and(b) in section 8B, omit subsection (5A).(6) In the Asylum and Immigration Appeals Act 1993, omit section 2.(7) 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”.(8) In the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 in section 2 (offences relating to entering the United Kingdom without a passport), in subsection (12) for the definition of “leave or asylum interview” substitute—“leave interview” means an interview with an immigration officer or an official of the Secretary of State at which a person seeks leave to enter or remain in the United Kingdom.(9) 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.”