# Criminal Justice and Immigration Act 2008, Section 130: Designation

Status: prospective

(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, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/ukpga/2008/4/section/130 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-immigration-act-2008/section-130
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.