Part IU.K. Immigration: General

Removal from the United KingdomU.K.

[F110ERemoval: judicial reviewU.K.

(1)This section applies to a person (whether or not they are a PRN recipient) who is liable to removal under section 10 where—

(a)the person has made an application for judicial review or (in Scotland) an application to the supervisory jurisdiction of the Court of Session, relating to their removal, and

(b)a court or tribunal has made a decision the effect of which is that the person may be removed from the United Kingdom.

(2)The person may be removed from the United Kingdom if—

(a)the Secretary of State or an immigration officer has given the person a notice of departure details (see subsection (3)), and

(b)they are removed before the end of the period of 21 days beginning with the day after the day on which the court or tribunal made the decision mentioned in subsection (1)(b).

(3)A notice of departure details under this section is a written notice which—

(a)states the date on which the person is to be removed,

(b)states the destination to which the person is to be removed and any stops that are expected to be made on the way to that destination.

(4)But this section does not apply unless the person has received a priority removal notice or a notice of intention to remove under section 10A(3) which stated—

(a)a destination to which the person is to be removed which is the same as the destination stated in the notice of departure details under subsection (3)(b), and

(b)stops, other than stops falling within subsection (5), that are expected to be made on the way to that destination which are the same as those stated in the notice of departure details under subsection (3)(b).

(5)A stop falls within this subsection if it is a stop in—

(a)the United Kingdom, or

(b)a country that is for the time being specified in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

(6)At any time before the person is removed, the Secretary of State or an immigration officer may replace a notice of departure details under this section.]

Textual Amendments

F1Ss. 10A-10E inserted (20.11.2023 except for the insertion of s. 10D(1)-(7)) by Nationality and Borders Act 2022 (c. 36), ss. 46(7), 87(1); S.I. 2023/1130, reg. 2(b) (with reg. 3)