Part 4Detention and Removal

Removal

75Exemption from deportation

(1)Section 7 of the Immigration Act 1971 (existing residents exempt from deportation) shall be amended as follows.

(2)Subsection (1)(a) (which is redundant) shall cease to have effect.

(3)The following shall be substituted for subsection (1)(b)—

(b)shall not be liable to deportation under section 3(5) if at the time of the Secretary of State’s decision he had for the last five years been ordinarily resident in the United Kingdom and Islands;.

(4)The following shall be added at the end of section 10 of the Immigration and Asylum Act 1999 (removal)—

(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.