The Immigration (Designation of Travel Bans) Order 2000

Statutory Instruments

2000 No. 2724

IMMIGRATION

The Immigration (Designation of Travel Bans) Order 2000

Made

3rd October 2000

Laid before Parliament

9th October 2000

Coming into force

10th October 2000

The Secretary of State, in exercise of the powers conferred upon him by section 8B(5) and (6) of the Immigration Act 1971(1), hereby makes the following Order:

1.  This Order may be cited as the Immigration (Designation of Travel Bans) Order 2000 and shall come into force on 10th October 2000.

2.  The instruments listed in the Schedule to this Order are designated for the purposes of section 8B(4) and (5) of the Immigration Act 1971.

3.  Section 8B(1), (2) and (3) of the Immigration Act 1971 shall not apply in any case where:

(a) failure to apply these provisions would not be contrary to the United Kingdom’s obligations under any of the instruments designated by article 2 of this Order,

(b) to apply these provisions would be contrary to the United Kingdom’s obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, or

(c) to apply these provisions would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.

Barbara Roche

Minister of State

Home Office

3rd October 2000

Article 2

SCHEDULE DESIGNATED INSTRUMENTS

PART 1 RESOLUTIONS OF THE SECURITY COUNCIL OF THE UNITED NATIONS

Resolution 1127 (1997) of 28th August 1997 (Angola)

Resolution 1171 (1998) of 5th June 1998 (Sierra Leone)

PART 2 INSTRUMENTS MADE BY THE COUNCIL OF THE EUROPEAN UNION

Common Position 97/759/CFSP of 30th October 1997 (Angola)(2)

Common Position 96/635/CFSP of 28th October 1996 (Burma)(3)

Common Position 2000/346/CFSP of 26th April 2000 (Burma)(4)

Common Position 98/240/CFSP of 19th March 1998 (Federal Republic of Yugoslavia)(5)

Common Position 98/725/CFSP of 14th December 1998 (Federal Republic of Yugoslavia)(6)

Common Position 99/318/CFSP of 10th May 1999 (Federal Republic of Yugoslavia)(7)

Common Position 2000/56/CFSP of 24th January 2000 (Federal Republic of Yugoslavia)(8)

Common Position 98/409/CFSP of 29th June 1998 (Sierra Leone)(9)

Explanatory Note

(This note is not part of the Order)

This Order designates certain United Nations and European Union instruments for the purposes of section 8B of the Immigration Act 1971 (as inserted by section 8 of the Immigration and Asylum Act 1999). Any person named by or under a designated instrument, or of a description specified in it, will as a result be excluded from the United Kingdom under section 8B(1), (2) or (3) (subject to the exceptions specified in article 3 of this Order).

Article 3 provides a number of exceptions to the obligation to exclude under section 8B(1), (2) and (3). They disapply that obligation where failure to exclude would not be contrary to the United Kingdom’s obligations under the designated instruments; they also ensure that no exclusion is made in a particular case which would be contrary to the United Kingdom’s obligations under the European Convention on Human Rights or the 1951 Refugee Convention and Protocol.

(1)

1971 c. 77; section 8B was inserted by section 8 of the Immigration and Asylum Act 1999 (c. 33).

(2)

OJ No. L309, 12.11.97, p. 8.

(3)

OJ No. L287, 8.11.96, p. 1.

(4)

OJ No. L122, 24.5.2000, p. 1.

(5)

OJ No. L095, 27.3.98, p. 1.

(6)

OJ No. L345, 19.12.98, p. 1.

(7)

OJ No. L123, 10.5.99, p. 1.

(8)

OJ No. L021, 26.1.2000, p. 4.

(9)

OJ No. L187, 1.7.98, p. 1.