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Immigration and Asylum Act 1999

Section 8: Persons excluded from the United Kingdom under international obligations

52.Section 8 inserts a new section 8B into the 1971 Immigration Act, which provides that certain persons can be excluded from the United Kingdom as a result of the United Kingdom’s international obligations under UN Security Council resolutions and EU Council decisions.

53.Subsection (1) provides that an excluded person must be refused leave to enter or remain in the United Kingdom. Subsection (2) provides that a person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person. Subsection (3) provides that a person who is exempt from immigration control under section 8(1), 8(2) or 8(3) of the 1971 Act by virtue of their employment as the crew member of a ship or aircraft, in a diplomatic mission or an international organisation loses that exempt status on becoming subject to a travel ban.

54.Subsection (4) defines the term “excluded person” as someone who has been named or falls within a category specified under a designated international instrument. Subsection (5) defines the term “designated international instrument” as a resolution of the UN Security Council or an instrument of the Council of the European Union, which requires or recommends that the United Kingdom refuses to admit a person named under such an instrument to the United Kingdom provided that such an instrument has been designated in an order made by the Secretary of State.

55.Subsection (6) provides that certain exceptions to subsections (1) to (3) may be included in the designating order. This would allow, for example, entry to be given to an individual named on a list on asylum or human rights grounds.

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