(1)A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if—
(a)having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;
[F1(b)he uses deception in seeking (whether successfully or not) leave to remain;]
[F2(ba)his indefinite leave to enter or remain has been revoked under section 76(3) of the Nationality, Immigration and Asylum Act 2002 (person ceasing to be refugee);]
(c)directions F3... have been given for the removal, under this section, of a person (“the other person”) to whose family he belongs.
(2)Directions may not be given under subsection (1)(a) if the person concerned has made an application for leave to remain in accordance with regulations made under section 9.
[F4(3)Directions for the removal of a person may not be given under subsection (1)(c) unless the Secretary of State has given the person written notice of the intention to remove him.
(4)A notice under subsection (3) may not be given if—
(a)the person whose removal under subsection (1)(a) or (b) is the cause of the proposed directions under subsection (1)(c) has left the United Kingdom, and
(b)more than eight weeks have elapsed since that person’s departure.
(5)If a notice under subsection (3) is sent by first class post to a person’s last known address, that subsection shall be taken to be satisfied at the end of the second day after the day of posting.
(5A)Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the person whose removal under subsection (1)(a) or (b) is the cause of the directions under subsection (1)(c).]
(6)Directions under this section—
(a)may be given only to persons falling within a prescribed class;
(b)may impose any requirements of a prescribed kind.
(7)In relation to any such directions, paragraphs 10, 11, 16 to [F518A] , 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule.
[F6(8)When a person is notified that a decision has been made to remove him in accordance with this section, the notification invalidates any leave to enter or remain in the United Kingdom previously given to him.]
(9)The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.
[F7(10)A person shall not be liable to removal from the United Kingdom under this section at a time when section 7(1)(b) of the Immigration Act 1971 (Commonwealth and Irish citizens ordinarily resident in United Kingdom) would prevent a decision to deport him.]
Textual Amendments
F1S. 10(1)(b) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 74, 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
F2S. 10(1)(ba) inserted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 76(7), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
F3Words in s. 10(1)(c) repealed (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 73(3), 162(1), Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.
F4S. 10(3)-(5A) substituted for s. 10(3)-(5) (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 73(4), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
F5Word in s. 10(7) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 2(3); S.I. 2014/1820, art. 3(y)
F6S. 10(8) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 48, 62(1)(2); S.I. 2006/1497, art. 3, Sch.
F7S. 10(10) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 75(4), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(1)(2)(i)(3), 127(2)
C2S. 10 restricted (2.10.2000) by S.I. 2000/2444, art. 3, Sch. 2 para. 1(2)
S. 10 applied (2.10.2000) by S.I. 2000/2326, regs. 9, 26(2)
S. 10 restricted (2.10.2000) by S.I. 2000/2326, reg. 34(2)(10) (with application as mentioned in regs. 9, 28 of the said S.I.)
C3S. 10 excluded (14.3.2003) by Nationality, Immigration and Asylum Act 2002 (Commencement No.4) Order 2003 (S.I. 2003/754), Sch. 2 para. 6(2)
C4S. 10 restricted by S.I. 2000/2326, reg. 32(2) (as substituted (1.4.2003) by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), regs. 1, 2(8) (with reg. 3(1)))
Commencement Information
I1S. 10 wholly in force at 2.10.2000; s. 10 not in force at Royal Assent see s. 170(4); s. 10(6) in force at 22.5.2000 by S.I. 2000/1282, art. 2, Sch.; s. 10 in force so far as not already in force at 2.10.2000 by virtue of S.I. 2000/265, reg. 3 and S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)