8/6/2019 16 UKBA Summary Bio Metrics

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16_SUMMARY OF BIOMETRICS1

POWERS IN IMMIGRATION ACTS

Section 141 to 144 Immigration and AsylumAct 1999.

Power to take fingerprints from certainhigh risk categories including asylum-seekers. Can be extended to otherbiometrics by affirmative regulations.

Section 126 Nationality, Immigration andAsylum Act 2002.

Power by affirmative Regulations,effectively, to take biometrics from those

who make an immigration application(application for entry clearance, leave toenter, leave to remain, to vary leave) orentrants (those entering or seeking to enter).

Immigration (Provision of Physical Data)Regulations 2006.

Regulations made under s126 which enablean authorised person to require an entryclearance applicant, or a certain type ofleave to enter applicant, to providefingerprints and a photograph of his face.

Section 127 Nationality, Immigration andAsylum Act 2002.

Power for secretary of state to operate avoluntary scheme by which biometrics arecollected and retained in connection withentry to the UK. Current scheme is IRIS.

European Regulation 1030/2002 (amended

in 2008) on uniform format for residence

permits for third country nationals

Residence permits to be issued as a standalone document. Power to take facial imageand two fingerprints from third countrynationals

Royal Prerogative for passports Biometric passportsissued since March2006 by IPS.

Paragraph 18(2) Schedule 2 of the

Immigration Act 1971

Power to take photographs, fingerprints, orotherwise measure a person detained underschedule 2 for the purpose of identifying.Must be destroyed once the person has beenidentified.

Paragraph 4(5) of Schedule 2 to theImmigration Act 1971

From 31.8.2006 - power for an immigrationofficer to verify fingerprints as part of hisSchedule 2 examination where a personproduces a biometric visa or passport.

Section 5 to 15 UK Borders Act 2007 Power for secretary of state to makeregulations requiring a person to apply for abiometric immigration document, and toenrol his biometrics when he does so.

s. 35 (2)(c) Asylum Immigration (Treatment

of Claimants) Act 2004

Power for Secretary of State to require aperson to provide fingerprints andphotographs or submit to a process for therecording of information about physicalexternal characteristics.

ate 6 May 2010

1Biometric information is generally defined as information about a persons external physical characteristics,including his fingerprints and features of the eye.