Explanatory note

This Order designates certain United Nations and European Union instruments for the purposes of section 8B of the Immigration Act 1971 (as inserted by section 8 of the Immigration and Asylum Act 1999). Any person named by or under a designated instrument, or of a description specified in it, will as a result be excluded from the United Kingdom under section 8B(1), (2) or (3) (subject to the exceptions specified in article 3 of this Order).

Article 3 provides a number of exceptions to the obligation to exclude under section 8B(1), (2) and (3). They disapply that obligation where failure to exclude would not be contrary to the United Kingdom’s obligations under the designated instruments; they also ensure that no exclusion is made in a particular case which would be contrary to the United Kingdom’s obligations under the European Convention on Human Rights or the 1951 Refugee Convention and Protocol.