Equality Act 2010 Explanatory Notes

Nationality and ethnic or national origins: paragraph 17
Effect

707.Paragraph 17 provides an exception from the prohibition on discriminating against a person in the provision of services or the exercise of a public function because of his or her ethnic or national origins or nationality, in relation to the exercise of immigration functions.

Background

708.This is designed to replicate the effect of a provision in the Race Relations Act 1976.

Examples
  • Different visa requirements for nationals of different countries, which arise for a variety of historical and political reasons, do not constitute unlawful race discrimination.

  • Granting asylum to members of a minority ethnic group being targeted by the majority ethnic group in a country would similarly not be unlawful discrimination.

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