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Asylum and Immigration Appeals Act 1993

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This is the original version (as it was originally enacted).

7Curtailment of leave to enter or remain

(1)Where—

(a)a person who has limited leave under the 1971 Act to enter or remain in the United Kingdom claims that it would be contrary to the United Kingdom’s obligations under the Convention for him to be required to leave the United Kingdom after the time limited by the leave, and

(b)the Secretary of State has considered the claim and given to the person notice in writing of his rejection of it,

the Secretary of State may by notice in writing, given to the person concurrently with the notice under paragraph (b) above, curtail the duration of the leave.

(2)No appeal may be brought under section 14 of the 1971 Act or section 8(2) below against the curtailment of leave under subsection (1) above.

(3)The power conferred by subsection (1) above is without prejudice to sections 3(3) and 4 of the 1971 Act and the immigration rules (within the meaning of that Act).

(4)Where—

(a)the duration of a person’s leave under the 1971 Act to enter or remain in the United Kingdom has been curtailed under subsection (1) above, and

(b)the Secretary of State has decided to make a deportation order against him by virtue of section 3(5) of that Act,

he may be detained under the authority of the Secretary of State pending the making of the deportation order; and the references to sub-paragraph (2) of paragraph 2 of Schedule 3 to that Act in sub-paragraphs (3), (4) and (6) of that paragraph (provisions about detention under sub-paragraph (2)) shall include references to this subsection.

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