Adrian Berry and Hina Majid unravel the UK Borders Act
The UK Borders Act 2007 (UKBA 2007) takes forward the government’s five-year plan for immigration and asylum, but perhaps more broadly represents its political response to the recent foreign national prisoners’ scandal and successive headlines about illegal immigration. UKBA 2007 received Royal Assent on 30 October 2007.
At the time of writing, ss 1–8, 10–11, 13–18, 20, 22, 23 and 26, 29–31 and 40–43, together with the relevant schedule, have been brought into force through the UK Borders Act 2007 (Commencement No 1 and Transitional Provisions) Order (SI 2008/99) and the Asylum Support (Prescribed Period following Appeal) Regulations 2007 (SI 2007/3102). It should, however, be noted that some of these provisions are only partially in force, while others are subject to transitional provisions. UKBA 2007 is split into seven parts, the key aspects of which are outlined below.
POWERS TO DETAIN AT PORTS: SS 1-4
UKBA 2007 creates “designated” immigration officers and an accompanying power to detain individuals, including British citizens. Designated officers may detain those they believe to be liable to arrest
