C1Part 10Special immigration status
131“Foreign criminal”
1
For the purposes of section 130 “foreign criminal” means a person who—
a
is not a British citizen, and
b
satisfies any of the following Conditions.
2
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).
3
Condition 2 is that—
a
section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and
b
the person has been sentenced to a period of imprisonment.
4
Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).
5
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.
6
Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.
Pt. 10: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(k), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29