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.