The following Immigration guidance note Produced in partnership with Bijan Hoshi of Garden Court Chambers provides comprehensive and up to date legal information covering:
Immigration officers (IOs) have a number of statutorily-conferred powers to enter premises to search for persons and evidence and, on entry, to arrest persons and seize evidence. These powers have increased significantly with the entry into force of the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013, SI 2013/1542, and again with the enactment of the Immigration Act 2014 (IA 2014) and the Immigration Act 2016 (IA 2016).
'Premises' are any place and, in particular any:
vehicle, vessel, aircraft or hovercraft
renewable energy installation, or
tent or moveable structure
An IO can lawfully enter a premises in four different ways:
entry to search and/or arrest with a warrant
entry to search and/or arrest without a warrant
Assistant Director (AD) letter (for business premises), and
IOs have the power to enter, by force if necessary, premises for the purpose of searching for, and arresting persons suspected of a wide range of ‘relevant offences’ as set out in the Immigration Act 1971 (IA 1971, s 28B(5)), including:
breach of conditions
failing to report a medical examination
entry or remaining by deception
employment in breach of a condition of entry
failure to co-operate with
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