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UK Borders Act 2007

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This is the original version (as it was originally enacted).

34Timing

This section has no associated Explanatory Notes

(1)Section 32(5) requires a deportation order to be made at a time chosen by the Secretary of State.

(2)A deportation order may not be made under section 32(5) while an appeal or further appeal against the conviction or sentence by reference to which the order is to be made—

(a)has been instituted and neither withdrawn nor determined, or

(b)could be brought.

(3)For the purpose of subsection (2)(b)—

(a)the possibility of an appeal out of time with permission shall be disregarded, and

(b)a person who has informed the Secretary of State in writing that the person does not intend to appeal shall be treated as being no longer able to appeal.

(4)The Secretary of State may withdraw a decision that section 32(5) applies, or revoke a deportation order made in accordance with section 32(5), for the purpose of—

(a)taking action under the Immigration Acts or rules made under section 3 of the Immigration Act 1971 (c. 77) (immigration rules), and

(b)subsequently taking a new decision that section 32(5) applies and making a deportation order in accordance with section 32(5).

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