Part 4

Immigration and Asylum

Suspected international terrorists

Suspected international terrorist: certification
21
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).