Deportation of criminals
I132Automatic deportation
1
In this section “foreign criminal” means a person—
a
who is not a British citizen F1or an Irish citizen,
b
who is convicted in the United Kingdom of an offence, and
c
to whom Condition 1 or 2 applies.
2
Condition 1 is that the person is sentenced to a period of imprisonment of at least 12 months.
3
Condition 2 is that—
a
the offence is specified by order of the Secretary of State under section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (serious criminal), and
b
the person is sentenced to a period of imprisonment.
4
For the purpose of section 3(5)(a) of the Immigration Act 1971 (c. 77), the deportation of a foreign criminal is conducive to the public good.
5
The Secretary of State must make a deportation order in respect of a foreign criminal (subject to section 33).
6
The Secretary of State may not revoke a deportation order made in accordance with subsection (5) unless—
a
he thinks that an exception under section 33 applies,
b
the application for revocation is made while the foreign criminal is outside the United Kingdom, or
c
section 34(4) applies.
7
Subsection (5) does not create a private right of action in respect of consequences of non-compliance by the Secretary of State.