Section 131 “Foreign criminal”

Not yet in force

(1)

For the purposes of section 130 “foreign criminal” means a person who—

(a)

is not a British citizen, and

(b)

satisfies any of the following Conditions.

(2)

Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).

(3)

Condition 2 is that—

(a)

section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and

(b)

the person has been sentenced to a period of imprisonment.

(4)

Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).

(5)

Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.

(6)

Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 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