Section 141: Fingerprinting., Immigration and Asylum Act 1999

Fingerprints may be taken by an authorised person from a person to whom this section applies.

Fingerprints may be taken under this section only during the relevant period.

Fingerprints may not be taken under this section from a person under the age of sixteen ("the child") except in the presence of a person of full age who is—

the child's parent or guardian; or

a person who for the time being takes responsibility for the child.

The person mentioned in subsection (3)(b) may not be—

an officer of the Secretary of State who is not an authorised person;

an authorised person.

"Authorised person" means—

a constable;

an immigration officer;

a prison officer;

an officer of the Secretary of State authorised for the purpose; ...

a person who is employed by a contractor in connection with the discharge of the contractor's duties under a removal centre contract.

a person who is employed by a contractor in connection with the discharge of the contractor's duties under a short-term holding facility contract; or

a person of a description specified in regulations made by the Secretary of State.

In subsection (5)(e) "contractor" and "removal centre contract" have the same meaning as in Part VIII.

In this section—

"short-term holding facility" has the same meaning as in Part 8,

"short-term holding facility contract" means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and

"contractor", in relation to a short-term holding facility which is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.

This section applies to—

any person ("A") who, on being required to do so by an immigration officer on his arrival in the United Kingdom, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;

any person ("B") who has been refused leave to enter the United Kingdom but has been granted immigration bail under Schedule 10 to the Immigration Act 2016 if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;

any person ("C") in respect of whom the Secretary of State —

is considering whether to make a deportation order,

is considering whether section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies,

has decided to make a deportation order, or

has decided that section 32(5) of that Act applies;

any person ("CA") who requires leave to enter or remain in the United Kingdom but does not have it;

any person ("D") who has been detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;

any person ("E") who has made a claim for asylum;

any person ("F") who is—

a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or

a dependant of a person within paragraph (c)(i) or (iii).

"The relevant period" begins—

for A, on his failure to produce the passport or other document;

for B, on the decision to grant him bail ;

for C —

when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or

if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);

for CA, when he becomes a person to whom this section applies;

for D, on his detention or arrest;

for E, on the making of his claim for asylum; and

for F, at the same time as for the person of whose family he is a member or whose dependant he is.

"The relevant period" ends on the earliest of the following—

the grant of leave to enter or remain in the United Kingdom;

for A, B, C , CA or D, his removal or deportation from the United Kingdom;

for C—

the time when C is notified of the Secretary of State's decision not to make a deportation order against C or that section 32(5) of the UK Borders Act 2007 does not apply in respect of C,

the time when the decision mentioned in subsection (7)(c) (iii) or (iv) ceases to have effect, whether as a result of an appeal or otherwise, or

if a deportation order has been made against him, its revocation or its otherwise ceasing to have effect;

for CA, when he no longer requires leave to enter or remain in the United Kingdom;

for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act;

for E, the final determination or abandonment of his claim for asylum; and

for F, at the same time as for the person of whose family he is a member or whose dependant he is.

No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.

An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—

if he is a constable, by a person designated for the purpose by the chief constable of his police force;

if he is a person mentioned in subsection (5)(b) , (e) or (f), by a chief immigration officer;

if he is a prison officer, by a person designated for the purpose by the governor of the prison;

if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

if the authorised person is specified in regulations made by the Secretary of State under subsection (5)(g), by a person, or a person of a description, specified in such regulations.

Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.

For the purposes of subsection (7)(f)(i), a person is a member of the family of another person ("P") if—

the person is—

P's partner,

P's child, or a child living in the same household as P in circumstances where P has care of the child,

in a case where P is a child, P's parent, or

an adult dependant relative of P, and

the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

In subsection (13A) "child" means a person who is under the age of 18.

For the purposes of subsection (7)(f)(ii) , a person is a dependant of another person if—

he is that person's spouse or child under the age of eighteen; and

he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

"Claim for asylum" has the same meaning as in Part VI.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 141: Fingerprinting.

Discussed in

About this text