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Regulation 8 Persons treated as being, or not being, in the United Kingdom

Original text. Later amendments are not shown.

The circumstances specified in this regulation are that a person is in the United Kingdom as—

(a)

a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967;

(b)

a person who has been granted, or who is deemed to have been granted, leave outside the rules (the “Immigration Rules”) made under section 3(2) of the Immigration Act 1971f1 where that leave is—

(i)

discretionary leave to enter or remain in the United Kingdom;

(ii)

leave to remain under the Destitution Domestic Violence concessionf2; or

(iii)

leave deemed to have been granted by virtue of regulation 3 of the Displaced Persons (Temporary Protection) Regulations 2005f3;

(c)

a person who has humanitarian protection granted under the Immigration Rules; or

(d)

a person who has been deported, expelled or otherwise removed by compulsion of law from another country to the United Kingdom, but is not a person subject to immigration control as defined by section 115(9) of the Immigration and Asylum Act 1999.

Annotations

Footnotes

f1

1971 c. 77.

f2

The Destitution Domestic Violence concession is published by the Home Office at: http://www.ukba.homeoffice.gov.uk.

f3

S.I. 2005/1379 as amended by S.I. 2013/630; there are other amending instruments but none is relevant.