Part 4Detention and Removal
Removal
I1C272 Serious criminal
1
This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from F7prohibition of expulsion or return).
2
a
convicted in the United Kingdom of an offence, and
b
sentenced to a period of imprisonment of at least F1012 months.
3
a
he is convicted outside the United Kingdom of an offence,
b
he is sentenced to a period of imprisonment of at least F1312 months, and
c
he could have been sentenced to a period of imprisonment of at least F1412 months had his conviction been a conviction in the United Kingdom of a similar offence.
4
a
he is convicted of an offence specified by order of the Secretary of State, or
b
he is convicted outside the United Kingdom of an offence and the Secretary of State certifies that in his opinion the offence is similar to an offence specified by order under paragraph (a).
5
An order under subsection (4)—
a
must be made by statutory instrument, and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F195A
A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.
6
A presumption under subsection F17(5A) that a person constitutes a danger to the community is rebuttable by that person.
7
A presumption under subsection F18(5A) does not apply while an appeal against conviction or sentence—
a
is pending, or
b
could be brought (disregarding the possibility of appeal out of time with leave).
8
Section 34(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (no need to consider gravity of fear or threat of persecution) applies for the purpose of considering whether a presumption F20under subsection (5A) has been rebutted as it applies for the purpose of considering whether Article 33(2) of the Refugee Convention applies.
9
Subsection (10) applies where—
a
b
the Secretary of State issues a certificate that F21a presumption under subsection (5A) applies to the person (subject to rebuttal).
10
The F1. . . Tribunal or Commission hearing the appeal—
C1a
must begin substantive deliberation on the appeal by considering the certificate, and
b
if in agreement that F22a presumption under subsection (5A) applies (having given the appellant an opportunity for rebuttal) must dismiss the appeal in so far as it relies on the ground specified in subsection (9)(a).
F410A
Subsection (10) also applies in relation to the Upper Tribunal when it acts under section 12(2)(b)(ii) of the Tribunals, Courts and Enforcement Act 2007.
11
For the purposes of this section—
a
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, and
b
a reference to a person who is sentenced to a period of imprisonment of at least F2312 months —
i
does not include a reference to a person who receives a suspended sentence F2(unless a court subsequently orders that the sentence or any part of it is to take effect),
F3ia
ii
includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), and
iii
includes a reference to a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period (provided that it may last for F2512 months).