PART 2Appeals in respect of citizens’ rights immigration decisions
CHAPTER 3Procedural matters and certification
Other appealable decisions: certification of removal16.
(1)
This regulation applies where—
(a)
a relevant appealable decision has been made in relation to a person (“P”), and
(b)
a decision has been made to make a deportation order under section 5(1) of the 1971 Act in respect of P (whether or not that decision is the relevant appealable decision and whether or not the order has been made).
(2)
Where the deportation decision is not the relevant appealable decision mentioned in paragraph (1)(a), it does not matter for the purposes of paragraph (1)(b) whether the deportation decision is made before or after the relevant appealable decision.
(3)
Where this regulation applies, the Secretary of State may certify that removal of P—
(a)
to the country or territory to which P is proposed to be removed, and
(b)
despite the appeals process in relation to the relevant appealable decision not having been begun or not having been exhausted,
would not be unlawful under section 6 of the Human Rights Act 1998.
(4)
The grounds upon which a certificate may be given under paragraph (3) include (in particular) that P would not, before the appeals process in relation to the relevant appealable decision is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.
(5)
In this regulation, “relevant appealable decision” means an appealable decision other than a decision which has been certified under paragraph 1 or 2 of Schedule 1 as taken in the interests of national security.
(6)
See sections 78 and 79 of the 2002 Act, as applied by Schedule 1 or 2 to these Regulations, for the consequences of certification under this regulation.