16_SUMMARY OF BIOMETRICS1 POWERS IN IMMIGRATION ACTS Section 141 to 144 Immigration and Asylum Act 1999.

Section 126 Nationality, Immigration and Asylum Act 2002. Power to take fingerprints from certain high risk categories including asylumseekers. Can be extended to other biometrics by affirmative regulations. Power by affirmative Regulations, effectively, to take biometrics from those who make an immigration application (application for entry clearance, leave to enter, leave to remain, to vary leave) or entrants (those entering or seeking to enter). Regulations made under s126 which enable an authorised person to require an entry clearance applicant, or a certain type of leave to enter applicant, to provide fingerprints and a photograph of his face. Power for secretary of state to operate a voluntary scheme by which biometrics are collected and retained in connection with entry to the UK. Current scheme is IRIS. Residence permits to be issued as a stand alone document. Power to take facial image and two fingerprints from third country nationals Biometric passports – issued since March 2006 by IPS. Power to take photographs, fingerprints, or otherwise measure a person detained under schedule 2 for the purpose of identifying. Must be destroyed once the person has been identified. From 31.8.2006 - power for an immigration officer to verify fingerprints as part of his Schedule 2 examination where a person produces a biometric visa or passport. Power for secretary of state to make regulations requiring a person to apply for a biometric immigration document, and to enrol his biometrics when he does so. Power for Secretary of State to require a person to provide fingerprints and photographs or submit to a process for the recording of information about physical external characteristics.

Immigration (Provision of Physical Data) Regulations 2006.

Section 127 Nationality, Immigration and Asylum Act 2002.

European Regulation 1030/2002 (amended in 2008) on uniform format for residence permits for third country nationals Royal Prerogative for passports Paragraph 18(2) Schedule 2 of the Immigration Act 1971

Paragraph 4(5) of Schedule 2 to the Immigration Act 1971 Section 5 to 15 UK Borders Act 2007

s. 35 (2)(c) Asylum Immigration (Treatment of Claimants) Act 2004

Date

6 May 2010

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