54AIndependent Family Returns Panel

1

The Independent Family Returns Panel is established.

2

The Secretary of State must consult the Independent Family Returns Panel—

a

in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and

b

in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.

3

A family returns case is a case where—

a

a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and

b

an individual who—

i

is a parent of the child or has care of the child, and

ii

is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom.

4

The Secretary of State may by regulations make provision about—

a

additional functions of the Independent Family Returns Panel,

b

its status and constitution,

c

the appointment of its members,

d

the payment of remuneration and allowances to its members, and

e

any other matters in connection with its establishment and operation.

5

Regulations under this section must be made by statutory instrument.

6

An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

7

In this section—

• “child” means a person who is under the age of 18;

• “pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;

• references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.