Section 130 Designation

Not yet in force

(1)

The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).

(2)

Condition 1 is that the person—

(a)

is a foreign criminal within the meaning of section 131, and

(b)

is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).

(3)

Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.

(4)

A person who has the right of abode in the United Kingdom may not be designated.

(5)

The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—

(a)

the United Kingdom's obligations under the Refugee Convention, F1...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 130(5)(b) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(2)

Notes on Part 10

Modifications

C1: Pt. 10: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(k), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29