(1)This section applies where the Secretary of State certifies that the decision to make a deportation order in respect of a person was taken on the grounds that his removal from the United Kingdom would be in the interests of national security.
[F2(1A)This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person's removal from the United Kingdom would be in the interests of national security.]
(2)Where this section applies—
(a)section 79 shall not apply,
(b)the Secretary of State shall be taken to have certified the decision to make the deportation order under section 97, and
[F3(c)section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.]
[F4(2A)The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—
(a)against the decision to make the deportation order, or
(b)against any refusal to revoke the deportation order,
unless the person has made a human rights claim while in the United Kingdom.
(2B)Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—
(a)to the country or territory to which the person is proposed to be removed, and
(b)despite the appeals process not having been begun or not having been exhausted,
would not breach the United Kingdom's obligations under the Human Rights Convention.
(2C)The grounds upon which a certificate may be given under subsection (2B) include (in particular)—
(a)that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;
(b)that the whole or part of any human rights claim made by the person is clearly unfounded.
(2D)Subsection (2A) does not allow the person while in the United Kingdom to bring an appeal on a non-human-rights ground, or to continue an appeal so far as brought on non-human-rights grounds, if the Secretary of State certifies that removal of the person—
(a)to the country or territory to which the person is proposed to be removed, and
(b)despite the appeals process, so far as relating to appeal on non-human-rights grounds, not having been begun or not having been exhausted,
would not breach the United Kingdom's obligations under the Human Rights Convention.
(2E)In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person's Convention rights.
(2F)If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.
(2G)If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.
(2H)The Commission's determination of a review under subsection (2F) is final.
(2J)The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.
(2K)Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).
(2L)Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.]
(3)A person in respect of whom a certificate is issued under subsection [F5(2D)] may appeal to the Special Immigration Appeals Commission against the issue of the certificate; and for that purpose the Special Immigration Appeals Commission Act 1997 shall apply as to an appeal against an immigration decision to which section 92 of this Act applies.
(4)The Secretary of State may repeal this section by order.]
Textual Amendments
F1S. 97A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 7(1), 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)
F2S. 97A(1A) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(2), 61(2); S.I. 2013/1042, art. 4(c)
F3S. 97A(2)(c) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(3), 61(2); S.I. 2013/1042, art. 4(c)
F4Ss. 97A(2A)-(2L) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c)
F5Word in s. 97A(3) substituted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(5), 61(2); S.I. 2013/1042, art. 4(c)