PART 2Asylum
Interpretation of Refugee Convention
I138Article 33(2): particularly serious crime
1
Section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal) is amended as follows.
2
In subsection (1), for “protection” substitute “prohibition of expulsion or return”
.
3
In subsection (2)—
a
in the words before paragraph (a)—
i
for “shall be presumed to have been” substitute “is”
;
ii
omit “and to constitute a danger to the community of the United Kingdom”;
b
in paragraph (b), for “two years” substitute “12 months”
.
4
In subsection (3)—
a
in the words before paragraph (a)—
i
for “shall be presumed to have been” substitute “is”
;
ii
omit “and to constitute a danger to the community of the United Kingdom”;
b
in paragraph (b), for “two years” substitute “12 months”
;
c
in paragraph (c), for “two years” substitute “12 months”
.
5
In subsection (4), in the words before paragraph (a)—
a
for “shall be presumed to have been” substitute “is”
;
b
omit “and to constitute a danger to the community of the United Kingdom”.
6
After subsection (5) insert—
5A
A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.
7
In subsection (6), for “(2), (3) or (4)” substitute “(5A)”
.
8
In subsection (7), for “(2), (3) or (4)” substitute “(5A)”
.
9
In subsection (8), for “mentioned in subsection (6)” substitute “under subsection (5A)”
.
10
In subsection (9)(b), for “presumptions under subsection (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”
.
11
In subsection (10)(b), for “presumptions under subsections (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”
.
12
In subsection (11)(b)—
a
in the opening words, for “two years” substitute “12 months”
;
b
in sub-paragraph (ia), for “two years”, in both places it occurs, substitute “12 months”
;
c
in sub-paragraph (iii), for “two years” substitute “12 months”
.
13
The amendments made by this section apply only in relation to a person convicted on or after the date on which this section comes into force.