143
The current restrictions, set out in section 3(1)(c) of the Immigration Act 1971, permit restrictions...
Conclusion
The current restrictions, set out in section 3(1)(c) of the Immigration Act 1971, permit restrictions to be placed on individuals such as restrictions on the right to work and study, requirements to report to immigration officers, and residency requirements. The introduction of the power to impose curfews, exclusions, confinement, and electronic monitoring go far beyond the existing permissible conditions. The nature of these restrictions may engage Article 5. Although persons will not be imprisoned, measures that are considered so severe as to be destructive of a person’s liberty are likely to engage Article 5.186 These provisions also engage the right to private life (Article 8) as individuals may be subjected to restrictions on where they can 184 Clause 43 185 Hansard HC, Public Bill Committee, 9 th Sitting, 13 March 2025 : Col 265 per Minister for Border Security and Asylum 186 Secretary of State for the Home Department v JJ [2007] UKHL 45; Secretary of State for the Home Department v AP [2010] UKSC 24 52 live, who they can associate with, and where they can go. It should be noted that Article 8 cannot be relied on in order to complain of personal, social, psychological and economic suffering which is a foreseeable consequence of one’s own actions, such as the commission of a criminal offence or similar misconduct.187 Depending on the nature of the conditions, other Convention rights might also be engaged such as the right to freedom of assembly and association (Article 11).
Source
Committee
Human Rights (Joint Committee)
Report
4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill
20 Jun 2025
HC 789
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.0 yr
Report published
20 Jun 2025