SCHEDULE 3Services and public functions: exceptions
Part 4Immigration
Religion or belief
18
(1)
This paragraph applies in relation to religious or belief-related discrimination.
(2)
Section 29 does not apply to a decision within sub-paragraph (3) or anything done for the purposes of or in pursuance of a decision within that sub-paragraph.
(3)
A decision is within this sub-paragraph if it is a decision taken in accordance with immigration rules—
(a)
to refuse entry clearance or leave to enter the United Kingdom, or to cancel leave to enter or remain in the United Kingdom, on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good, or
(b)
to vary leave to enter or remain in the United Kingdom, or to refuse an application to vary leave to enter or remain in the United Kingdom, on the grounds that it is undesirable to permit the person to remain in the United Kingdom.
(4)
Section 29 does not apply to a decision within sub-paragraph (5), or anything done for the purposes of or in pursuance of a decision within that sub-paragraph, if the decision is taken on grounds mentioned in sub-paragraph (6).
(5)
A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom.
(6)
The grounds referred to in sub-paragraph (4) are—
(a)
the grounds that a person holds an office or post in connection with a religion or belief or provides a service in connection with a religion or belief,
(b)
the grounds that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or
(c)
the grounds that the exclusion from the United Kingdom of a person to whom paragraph (a) applies is conducive to the public good.
(7)
Section 29 does not apply to—
(a)
a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3) or (5);
(b)
a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within either of those sub-paragraphs.