Section 2: Temporary exclusion orders
37.Subsection (1) provides for the creation of a “temporary exclusion order” (TEO), which requires the individual on whom it is imposed not to return to the United Kingdom unless their return is in accordance with a permit to return issued by the Secretary of State before the individual began the return, or the return is the result of the individual’s deportation to the United Kingdom.
38.Subsection (2) provides that the Secretary of State may impose a TEO only where five conditions have been met. Subsections (3) to (7) outline those conditions. The Secretary of State must reasonably suspect that the individual is, or has been, involved in terrorism-related activity outside the United Kingdom and must reasonably consider that it is necessary to impose a TEO for purposes connected with protecting the public in the UK from a risk of terrorism. While the TEO is in place, the Secretary of State must keep under review whether the second of these conditions is met.
39.Additionally, the Secretary of State must reasonably consider that the individual is outside the UK when the order is imposed and the individual must have the right of abode in the UK. Section 2(1) of the Immigration Act 1971 provides that British citizens and certain Commonwealth citizens have the right of abode in the UK.
40.The Secretary of State may impose a TEO only if the court has given prior permission or if he or she reasonably considers that the urgency of the case requires an order to be imposed without obtaining such permission.
