Point in time view as at 21/07/2008.
Nationality, Immigration and Asylum Act 2002, Section 67 is up to date with all changes known to be in force on or before 06 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.
(1)This section applies to the construction of a provision which—
(a)does not confer power to detain a person, but
(b)refers (in any terms) to a person who is liable to detention under a provision of the Immigration Acts.
(2)The reference shall be taken to include a person if the only reason why he cannot be detained under the provision is that—
(a)he cannot presently be removed from the United Kingdom, because of a legal impediment connected with the United Kingdom’s obligations under an international agreement,
(b)practical difficulties are impeding or delaying the making of arrangements for his removal from the United Kingdom, or
(c)practical difficulties, or demands on administrative resources, are impeding or delaying the taking of a decision in respect of him.
(3)This section shall be treated as always having had effect.
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