Part I Immigration: General

Exemption from immigration control

8 Persons excluded from the United Kingdom under international obligations.

In the 1971 Act, after section 8A, insert—

8B Persons excluded from the United Kingdom under international obligations.

1

An excluded person must be refused—

a

leave to enter the United Kingdom;

b

leave to remain in the United Kingdom.

2

A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.

3

A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

4

Excluded person” means a person—

a

named by or under, or

b

of a description specified in,

a designated instrument.

5

The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it—

a

requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or

b

recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).

6

Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.

7

An order under this section must be made by statutory instrument.

8

Such a statutory instrument shall be laid before Parliament without delay.