移民与庇护法

Leave to Enter and Remain — No person who is not a British citizen may enter or remain in the UK without leave (permission) granted by the Home Secretary under the Immigration Act 1971, s.3. Leave may be limited or indefinite.

Points-Based System — The UK operates a points-based immigration system for work visas (Skilled Worker, Global Talent, Student, etc.), replacing free movement after Brexit.

Asylum and Refugee Protection — A person who has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion is entitled to refugee status under the 1951 Convention.

Right to Appeal — Decisions on asylum, human rights claims, and revocation of protection status can be appealed to the First-tier Tribunal (Immigration and Asylum Chamber).

Deportation — The Home Secretary may deport a foreign national if their deportation is conducive to the public good (Immigration Act 1971, s.3(5)), or automatically for criminal convictions with sentences of 12+ months (UK Borders Act 2007, s.32).

Human Rights Claims — Article 8 ECHR (right to private and family life) is frequently engaged in immigration decisions. The proportionality test balances the individual's rights against the public interest in immigration control.

Detention and Bail — Immigration detention must be lawful, for a reasonable period, and with a realistic prospect of removal (R (Hardial Singh) v Governor of Durham Prison [1984]). Bail can be granted by the tribunal or the Home Office.

Nationality and Citizenship — British citizenship can be acquired by birth, descent, registration, or naturalisation under the British Nationality Act 1981.