Subsection (1) lists the provisions in the Illegal Migration Act 2023 which this Bill repeals. The provisions not being repealed are: section 12 (period for which persons may be detained); section 29 (modern slavery, amendment of section 63 of the Nationality and Borders Act 2022); section 52 (Judges of First-tier Tribunal and Upper Tribunal); section 59 (inadmissibility of certain asylum and human rights claims); section 60 (cap on number of entrants using safe and legal routes); section 62 (credibility of claimant: concealment of information etc); and sections 63 to 65 and 67 to 69 (relevant final provisions of the Illegal Migration Act).
	Subsection (2) provides that section 8AA of the Immigration Act 1971 (as inserted by the section 30(3) of the Illegal Migration Act 2023) is to be treated as having never been in force. Section 8AA originally came into effect on the day the Illegal Migration Act was passed (20 July 2023) and was retrospective in effect from the day the Act was introduced into Parliament (07 March 2023). The retrospective effect caused complexity for the immigration system and created a risk that the Home Office was acting in a manner inconsistent with legislation; potentially granting leave ultra vires to those who should be subject to the bars on obtaining immigration status.
	The Illegal Migration Act 2023 (Amendment) Regulations 2024 removed the retrospective effect of the Act to address this risk. Specifying that section 8AA is to be treated as never having been in force will ensure that any leave which may have been granted ultra vires whilst section 8AA had effect is valid.
Part 2: Asylum and Immigration Repeal of immigration legislation Section 41: Repeal of certain provisions of the Illegal Migration Act 2023