Part I Immigration: General

Removal from the United Kingdom

10AF1Removal: general notice requirements

1

This section applies to a person who is liable to removal under section 10; but see sections 10C to 10E for the circumstances in which such a person may be removed otherwise than in accordance with this section.

2

The person may be removed if—

a

the Secretary of State or an immigration officer has given the person—

i

a notice of intention to remove (see subsection (3)), and

ii

a notice of departure details (see subsection (4)), and

b

any notice period has expired.

3

A notice of intention to remove is a written notice which—

a

states that the person is to be removed,

b

sets out the notice period, (see subsection (7)), and

c

states the destination to which the person is to be removed.

4

A notice of departure details under this section is a written notice which—

a

states the date on which the person is to be removed,

b

states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination, and

c

if subsection (6) applies, sets out the notice period (see subsection (7)).

5

The notice of intention to remove and the notice of departure details may be combined.

6

This subsection applies if the notice of departure details states, under subsection (4)(b)—

a

a destination which is different to the destination stated under subsection (3)(c) in the notice of intention to remove, or

b

any stops that were not stated in the notice of intention to remove, other than a stop in—

i

the United Kingdom, or

ii

a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

7

The notice period must be no shorter than the period of five working days beginning with the day after the day on which the person is given the notice.

8

At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.

9

This section is subject to section 10B (failed removals).

10

In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the person is when they are given the notice.