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The Immigration (Designation of Travel Bans) (Amendment) Order 2003

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Statutory Instruments

2003 No. 236

IMMIGRATION

The Immigration (Designation of Travel Bans) (Amendment) Order 2003

Made

4th February 2003

Laid before Parliament

7th February 2003

Coming into force

8th February 2003

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

Citation and commencement

1.  This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2003 and shall come into force on the day after the day on which it is laid before Parliament.

Amendment of the 2000 Order

2.  In Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000(2), after “Common Position 2000/346/CFSP of 26th April 2000 (Burma)”, there shall be inserted “Common Position 2002/831/CFSP of 21st October 2002 (Burma)”.

Beverley Hughes

Minister of State

Home Office

4th February 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Immigration (Designation of Travel Bans) Order 2000 (“the 2000 Order”) by adding Common Position 2002/831/CFSP of 21st October 2002 (Burma) in the list of Instruments made by the Council of the European Union in Part 2 of the Schedule to that Order.

The 2000 Order designates a list of instruments of the United Nations Security Council (listed in Part 1 of the Schedule to that Order) or of the Council of Europe of the European Union (listed in Part 2 of the Schedule). A person named in a designated instrument is regarded as an “excluded person” for the purposes of section 8B of the Immigration Act and must be refused leave to enter or remain in the United Kingdom. Additionally, any extant leave to enter or remain is automatically cancelled upon a person coming to be regarded as an “excluded person”.

The effect of the amendment made by this Order is to ensure that the definition of “excluded person” accurately reflects the Council of the European Union’s present position as to which Burmese nationals are subject to travel restrictions imposed by Member States of the European Union and the position as to what restrictions are in place.

(1)

1971 c. 77, as inserted by section 8 of the Immigration and Asylum Act 1999 (c. 33).

(2)

S.I. 2000/2724, amended by S.I. 2001/2377, S.I. 2002/192, S.I. 2002/795 and S.I. 2002/3018.

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