Part 4Immigration and Asylum

Suspected international terrorists

C121 Suspected international terrorist: certification

1

The Secretary of State may issue a certificate under this section in respect of a person if the Secretary of State reasonably—

a

believes that the person’s presence in the United Kingdom is a risk to national security, and

b

suspects that the person is a terrorist.

2

In subsection (1)(b) “terrorist” means a person who—

a

is or has been concerned in the commission, preparation or instigation of acts of international terrorism,

b

is a member of or belongs to an international terrorist group, or

c

has links with an international terrorist group.

3

A group is an international terrorist group for the purposes of subsection (2)(b) and (c) if—

a

it is subject to the control or influence of persons outside the United Kingdom, and

b

the Secretary of State suspects that it is concerned in the commission, preparation or instigation of acts of international terrorism.

4

For the purposes of subsection (2)(c) a person has links with an international terrorist group only if he supports or assists it.

5

In this Part—

  • “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11), and

  • “suspected international terrorist” means a person certified under subsection (1).

6

Where the Secretary of State issues a certificate under subsection (1) he shall as soon as is reasonably practicable—

a

take reasonable steps to notify the person certified, and

b

send a copy of the certificate to the Special Immigration Appeals Commission.

7

The Secretary of State may revoke a certificate issued under subsection (1).

8

A decision of the Secretary of State in connection with certification under this section may be questioned in legal proceedings only under section 25 or 26.

9

An action of the Secretary of State taken wholly or partly in reliance on a certificate under this section may be questioned in legal proceedings only by or in the course of proceedings under—

a

section 25 or 26, or

b

secton 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeal).