Statutory Instrument 1988 No. 1134

The Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988

---

© Crown Copyright 1988

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988, ISBN 0110871340. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1988 No. 1134

IMMIGRATION

The Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988

In exercise of the powers conferred upon me by section 5(2) of the Immigration Act 1988^[1] , I hereby make the following Order:

    1.    This Order may be cited as the Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988 and shall come into force on 1st August 1988.

    2.    Subject to article 3 below, the following persons shall be exempt from section 5(1) of the Immigration Act 1988—
 (a) any person who claims that his deportation would be contrary to the United Kingdom's obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol thereto ("the Refugee Convention" ); and
 (b) any person who would have been last given leave to enter the United Kingdom seven years or more before the date of the decision to make a deportation order against him but for his having obtained a subsequent leave, by virtue of section 3(3)(b) of the Immigration Act 1971^[2] , after an absence from the United Kingdom within the period limited for the duration of the earlier leave.

    3.    A person who is exempt from section 5(1) by virtue of article 2(a) above may appeal under section 15 of the Immigration Act 1971 against a decision to make a deportation order against him only to the extent that—
 (a) on the facts of his case there is in law no power to make a deportation order for the reasons stated in the notice of the decision; and
 (b) his deportation would be contrary to the United Kingdom's obligations under the Refugee Convention.

Douglas Hurd One of Her Majesty's Principal Secretaries of State
Home Office

1st July 1988

Section 5(1) of the Immigration Act 1988 (which comes into force on 1st August 1988) provides that a person who was last given leave to enter the United Kingdom less than seven years before the date of the decision to make a deportation order against him by virtue of section 3(5)(a) of the Immigration Act 1971 (breach of limited leave) or by virtue of section 3(5)(c) of that Act as belonging to the family of a person who is or has been ordered to be deported by virtue of section 3(5)(a), shall not be entitled to appeal under section 15 of the 1971 Act except on the ground that on the facts of his case there is in law no power to make the deportation order for the reasons stated in the notice of the decision.

However, this restriction on the right of appeal does not apply to a person who is exempt by virtue of an order made under subsection (2) of section 5. This Order provides for any person who claims that his deportation would be contrary to the United Kingdom's obligations under the 1951 Convention relating to the Status of Refugees and the Protocol thereto to be exempt. However, such a person can only appeal on the ground that there is in law no power to deport him or on the ground that he is a refugee. The Order also provides that a person is exempt if he would have last been given leave to enter seven years or more before the date of the decision to deport but for his having been abroad and having, on his return, obtained leave, by virtue of section 3(3)(b) of the Act of 1971, during the unexpired period of an earlier leave.

[1] 1988 c. 14; section 5 comes into force on 1st August 1988 (S.I. 1988/1133). back

[2] 1971 c. 77. back