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Immigration Act 1971
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- UK Public General Acts
- 1971 c. 77
- Part I
- Section 8B
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Version Superseded: 22/11/2018
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[F18B Persons excluded from the United Kingdom under international obligations.U.K.
(1)An excluded person must be refused—
(a)leave to enter the United Kingdom;
(b)leave to remain in the United Kingdom [F2(and any leave given to a person who is an excluded person is invalid)] .
(2)A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.
[F3(3)Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.]
(4)“Excluded person” means a person—
(a)named by or under, or
(b)of a description specified in,
[F4an instrument falling within subsection (5) ] .
(5)[F5An instrument falls within this subsection] 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).
[F6(5A)Subsection (1), (2) or (3) does not apply to a person if—
(a)the application of that subsection to that person would be contrary to the United Kingdom's obligations under—
(i)the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or
(ii)the Refugee Convention (within the meaning given by that provision), or
(b)the person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).]
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(8)]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 8B inserted (1.3.2000) by 1999 c. 33, s. 8; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
F2Words in s. 8B(1)(b) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(4), 94(1); S.I. 2016/603, reg. 3(n)
F3S. 8B(3) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(5), 94(1); S.I. 2016/603, reg. 3(n)
F4Words in s. 8B(4) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(6), 94(1); S.I. 2016/603, reg. 3(n)
F5Words in s. 8B(5) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(7), 94(1); S.I. 2016/603, reg. 3(n)
F6S. 8B(5A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 76(8), 94(1); S.I. 2016/603, reg. 3(n)
F7Ss. 8B(6)-(8) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), ss. 76(9), 94(1); S.I. 2016/603, reg. 3(n)
Modifications etc. (not altering text)
C1 Ss. 1-9, 11 extended (with modifications) (Guernsey) (1.8.1993) by The Immigration (Guernsey) Order 1993 (S.I. 1993/1796), arts. 1, 3(1), Sch. 1 Pt. 1
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