The Immigration Act 2014 (Commencement No. 1, Transitory and Saving Provisions) Order 2014

The first commencement order for parts of the new Immigration Act of 2014 is upon us. The decision to create new legislation that piggy backs on to some very venerable and already highly amended existing law has really created an utter mess. This new Act is going to make that worse. Indeed it is now extremely difficult to actually at any point in time determine the relevant law; it being so subject to frequent change. Most text books are out of date before they are printed, case-law is old by the time it is promulgated and both lawyers and judges are often flummoxed, not to mention the good old Home Office. Anyway, the parts to be commenced concern aspects such as immigration checks for bank accounts or driving licences, and various enforcement provisions. Some are already in force as of the 14th July. Others are just about to take effect on 28th July. In terms of appeals of note are provisions restricting the right of appeal for foreign criminals in some circumstances. In addition Section 19 of the Act is commenced, which provides guidance to Immigration Judges on the 'Public interest' as determined within an article 8 proportionality balance. Interestingly this part tells judges that is in the public interest for individuals to speak English and to be financially independent. A two tier article 8 assessment? The haves and have nots? At least the commencement order brings into force section 71; "For the avoidance of doubt, this Act does not limit any duty imposed on the Secretary of State or any other person by section 55 of the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare of children)."