Part 10Special immigration status
130Designation
1
The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
2
Condition 1 is that the person—
a
is a foreign criminal within the meaning of section 131, and
b
is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).
3
Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
4
A person who has the right of abode in the United Kingdom may not be designated.
5
The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
a
the United Kingdom’s obligations under the Refugee Convention, or
b
the person’s rights under the Community treaties.