Legal proceedings
55Interim measures of the European Court of Human Rights
1
This section applies where the European Court of Human Rights indicates an interim measure in proceedings relating to the intended removal of a person from the United Kingdom under, or purportedly under, this Act.
2
3
A decision as to whether or not to make a determination under subsection (2) is to be taken personally by the Minister of the Crown.
4
5
The matter mentioned in subsection (4) is the procedure by reference to which the interim measure was indicated, including in particular—
a
whether the government of the United Kingdom was given an opportunity to present observations and information before the interim measure was indicated;
b
the form of the decision to indicate the interim measure;
c
whether the European Court of Human Rights will take account of any representations made to it by the government of the United Kingdom seeking reconsideration, without undue delay, of the decision to indicate the interim measure;
d
the likely duration of the interim measure and the timing of any substantive determination by the European Court of Human Rights.
6
7
This subsection applies to—
a
b
the Upper Tribunal when considering any application or appeal under this Act, and
c
a court or tribunal when considering any application or appeal which relates to a decision to remove a person from the United Kingdom under this Act.
8
No inference is to be drawn from this section as to whether or not a person or body mentioned in subsection (7) would otherwise have been required to have regard to the interim measure.
9
Nothing in this Act requires the Secretary of State or an immigration officer to effect the removal of a person from the United Kingdom pending a decision by a Minister of the Crown as to whether or not to make a determination under subsection (2).
10
In this section—
“decision” includes any purported decision;
“determination” includes any purported determination.