Office of Public Sector Information
PART 4 continued
In section 10(1) of the Immigration and Asylum Act 1999 (c. 33) (removal) the following shall be substituted for paragraph (b)—
“(b) he uses deception in seeking (whether successfully or not) leave to remain;”.
(1) Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows.
(2) Subsection (1)(a) (which is redundant) shall cease to have effect.
(3) The following shall be substituted for subsection (1)(b)—
“(b) shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;”.
(4) The following shall be added at the end of section 10 of the Immigration and Asylum Act 1999 (removal)—
“(10) A person shall not be liable to removal from the United Kingdom under this section at a time when section 7(1)(b) of the Immigration Act 1971 (Commonwealth and Irish citizens ordinarily resident in United Kingdom) would prevent a decision to deport him.”
(1) The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person—
(a) is liable to deportation, but
(b) cannot be deported for legal reasons.
(2) The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if—
(a) the leave was obtained by deception,
(b) the person would be liable to removal because of the deception, but
(c) the person cannot be removed for legal or practical reasons.
(3) The Secretary of State may revoke a person’s indefinite leave to enter or remain in the United Kingdom if the person, or someone of whom he is a dependant, ceases to be a refugee as a result of—
(a) voluntarily availing himself of the protection of his country of nationality,
(b) voluntarily re-acquiring a lost nationality,
(c) acquiring the nationality of a country other than the United Kingdom and availing himself of its protection, or
(d) voluntarily establishing himself in a country in respect of which he was a refugee.
(4) In this section—
“indefinite leave” has the meaning given by section 33(1) of the Immigration Act 1971 (c. 77) (interpretation),
“liable to deportation” has the meaning given by section 3(5) and (6) of that Act (deportation),
“refugee” has the meaning given by the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
“removed” means removed from the United Kingdom under—
paragraph 9 or 10 of Schedule 2 to the Immigration Act 1971 (control of entry: directions for removal), or
section 10(1)(b) of the Immigration and Asylum Act 1999 (c. 33) (removal of persons unlawfully in United Kingdom: deception).
(5) A power under subsection (1) or (2) to revoke leave may be exercised—
(a) in respect of leave granted before this section comes into force;
(b) in reliance on anything done before this section comes into force.
(6) A power under subsection (3) to revoke leave may be exercised—
(a) in respect of leave granted before this section comes into force, but
(b) only in reliance on action taken after this section comes into force.
(7) In section 10(1) of the Immigration and Asylum Act 1999 (removal of persons unlawfully in United Kingdom) after paragraph (b) (and before the word “or”) there shall be inserted—
“(ba) his indefinite leave to enter or remain has been revoked under section 76(3) of the Nationality, Immigration and Asylum Act 2002 (person ceasing to be refugee);”.
(1) While a person’s claim for asylum is pending he may not be—
(a) removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
(b) required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
(2) In this section—
(a) “claim for asylum” means a claim by a person that it would be contrary to the United Kingdom’s obligations under the Refugee Convention to remove him from or require him to leave the United Kingdom, and
(b) a person’s claim is pending until he is given notice of the Secretary of State’s decision on it.
(3) In subsection (2) “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
(4) Nothing in this section shall prevent any of the following while a claim for asylum is pending—
(a) the giving of a direction for the claimant’s removal from the United Kingdom,
(b) the making of a deportation order in respect of the claimant, or
(c) the taking of any other interim or preparatory action.
(5) Section 15 of the Immigration and Asylum Act 1999 (c. 33) (protection from removal or deportation) shall cease to have effect.
(1) While a person’s appeal under section 82(1) is pending he may not be—
(a) removed from the United Kingdom in accordance with a provision of the Immigration Acts, or
(b) required to leave the United Kingdom in accordance with a provision of the Immigration Acts.
(2) In this section “pending” has the meaning given by section 104.
(3) Nothing in this section shall prevent any of the following while an appeal is pending—
(a) the giving of a direction for the appellant’s removal from the United Kingdom,
(b) the making of a deportation order in respect of the appellant (subject to section 79), or
(c) the taking of any other interim or preparatory action.
(4) This section applies only to an appeal brought while the appellant is in the United Kingdom in accordance with section 92.
(1) A deportation order may not be made in respect of a person while an appeal under section 82(1) against the decision to make the order—
(a) could be brought (ignoring any possibility of an appeal out of time with permission), or
(b) is pending.
(2) In this section “pending” has the meaning given by section 104.
The following shall be substituted for section 11 of the Immigration and Asylum Act 1999 (c. 33) (removal of asylum claimant under standing arrangements with member States)—
(1) In determining whether a person in relation to whom a certificate has been issued under subsection (2) may be removed from the United Kingdom, a member State is to be regarded as—
(a) a place where a person’s life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and
(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.
(2) Nothing in section 77 of the Nationality, Immigration and Asylum Act 2002 prevents a person who has made a claim for asylum (“the claimant”) from being removed from the United Kingdom to a member State if the Secretary of State has certified that—
(a) the member State has accepted that, under standing arrangements, it is the responsible State in relation to the claimant’s claim for asylum; and
(b) in his opinion, the claimant is not a national or citizen of the member State to which he is to be sent.
(3) Subsection (4) applies where a person who is the subject of a certificate under subsection (2)—
(a) has instituted or could institute an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (immigration appeal), and
(b) has made a human rights claim (within the meaning of section 113 of that Act).
(4) The person may not be removed from the United Kingdom in reliance upon this section unless—
(a) the appeal is finally determined, withdrawn or abandoned (within the meaning of section 104 of that Act) or can no longer be brought (ignoring any possibility of an appeal out of time with permission), or
(b) the Secretary of State has issued a certificate in relation to the human rights claim under section 93(2)(b) of that Act (clearly unfounded claim).
(5) In this section “standing arrangements” means arrangements in force between two or more member States for determining which State is responsible for considering applications for asylum.”
Nationality, Immigration and Asylum Act 2002