Immigration Iffences and People Exploitation Flashcards
In relation to section 24 of the immigration act who is it specific to
Non-British Citizens
What is specific about section 24 of the immigration act
The person must have entered the UK illegally
At what point does a person commit the offence of section 24a of the immigration act
The day they enter the UK
Does a person have to knowingly breach section 24
Yes
In relation to prove section 24b of the immigration ac overstaying - What must you prove
That the person knowingly overstayed, ie they knew they were in breach of an order.
Is a defective passport stamp (ie the date is not clear) a defence for overstaying
No
Can you commit section 24b of the immigration act if you breach conditions
Yep
What must you prove in relation to section 24b and the breach of conditions -
That the person had been informed in writing of the conditions and had knowledge that they had breached their conditions.
Are seaman, aircrew in breach of illegal entry
No special provisions apply.
In relation to section 24 who bears the burden of proof. I
If the prosecution bring the case within 6 months of the date of entry - Then the burden of proof is on the accused to show that he or she entered the UK legally.
What are the time limits on section 24 which is a summary offence?
Within 6 months (normal)
Or within 3 years of the commision of the offence and not more than two months after the date certified by a Police officer about the rank of Cheif Superintendent of which they agreed the evidence was sufficient.
Under section 24A it states that using deception to enter the UK can be an offence. Can this be used on asylum seekers?
Yes - failed asylum seekers using false details have been prosecuted.
Who has a defence under section 24A
Refugees who have entered and then presented themselves without delay and made a claim for asylum as soon as was reasonably practicable after their arrival.
Section 25 provides an offence of assisting someone breach immigration law - What constitutes a breach
Assisting someone entering/ leaving/driving them away from a drop off point.
Sham marriages - So getting married to someone so they can remain
If A entered the UK on immigration papers B created and I believed them to be real but B new them to be false - Has A and B committed the offence.
Just B
Can a person use the defence that they were facilitating a refugee to enter the country.
No
Helping an Asylum seeker to enter the UK is an offence. What is specific to commit that offence
The person must assist an Asylum seeker to enter the UK for gain and know they are an Asylum seeker.
It is an offence to assist someone to enter the UK who is in breach of a deportation order - Who does this offence refer to
Persons who assisted citizens of a European Union who have been excluded from the UK by a deportation order.
In breaches of the immigration offence section 25, 25A and 25B the Police have a power of seizure fro vehicles - What must they do to activate that procedure
Believe that the vehicle was used or intended to be used in carrying out the arrangements
Whose vehicles can be seized under the immigration offence
Owner / driver / Captain
There is an offence of Entering the UK without Passport etc - Who does this offence refer to
Persons entering the UK without documentation in order to claim Asylum and doe not have their documentation with them at the Asylum interview.
When does the person commit the offence of Entering the UK without Passport etc
If before entering they fail to show the passport of themselves or children to an immigration officer on request
When does the person commit the offence of Entering the UK without Passport etc if they have entered the UK
If they fail to provide it within 3 days of request (day of the interview)
