What are the Powers of Immigration Officers?

With the cooperation of Bijan Hoshi of Garden Court Chambers, the immigration directions note was produced, which gives you comprehensive and updated information about the rights of immigration officers.

The Power of Immigration Officers includes:

• It clearly describes the power of immigration administrators, that is, to inquire, to action, to make an entrance
• To make an entrance in any site
• They have the power to make an entrance and investigate 
• The power to investigate and seize the obtained proof
• The act of Police and Criminal Evidence 1984, Order 2013
• They have the authority to supervise any inspections
• The power of prosecution 
• The entrance for legal guidance 

The Immigration officers (IOs) have a list of legally written permission notices that implies that they have the right to interfere in anyone’s property and to investigate or check out for persons and proof and, for entrance, can imprison a person and can seize the obtained clues. The Police and Criminal Evidence Act 1984, Order 2013, SI 2013/1542, has given more power to the officer specifically, and again increased their power in the ordinance of the Immigration Act 2014 (IA 2014) and the Immigration Act 2016 (IA 2016).

The premises

The premise can be defined as any property or site, in specific any:

• The proportions such as an automobile, tanker, hovercraft or airplane 
• The seaward building
• The renewable energy source facility, or
• Any structure that is movable, like a tent.

The Power to Investigate Any Site for Persons

The investigating officer can legally get in the site in four ways:

• With a permit to get in and investigate 
• Permission to enter and investigate without a warrant 
• A letter that was written by the assistant director, in the case of business properties, and
• With an informed approval 

The officers can forcefully get in if it is necessary, for the investigation, and seizing, or charging the suspects, with the large number of ‘relevant offenses’ as mentioned  in the Immigration Act 1971 (IA 1971, s 28B(5)), and it also comprises :

• The unfair entrance
• On-living 
• violation of the limits
• failed to report a medical inspection
• illegal entry through water transportation
• Making entrance when still you are a criminal
• occupation in the violation of limitations of entrance
• failed to cooperate 

Conclusion 

If you want to know about the powers and rights that are given to the immigration officers, then this article is for you. There are various powers of the immigration officer mentioned in this article, such as they can inquire, investigate, or seize the premises.

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Diksha Garg

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