Point in time view as at 14/07/2008. This version of this provision is prospective.
Criminal Justice and Immigration Act 2008, Section 130 is up to date with all changes known to be in force on or before 02 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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, F1...
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 130(5)(b) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(2)
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