Criminal Justice and Immigration Act 2008

130Designation

This section has no associated Explanatory Notes

(1)The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).

(2)Condition 1 is that the person—

(a)is a foreign criminal within the meaning of section 131, and

(b)is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).

(3)Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.

(4)A person who has the right of abode in the United Kingdom may not be designated.

(5)The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—

(a)the United Kingdom’s obligations under the Refugee Convention, or

(b)the person’s rights under the Community treaties.