PART 1

Temporary restrictions on travel
CHAPTER 2

Temporary exclusion from the United Kingdom

Imposition of temporary exclusion orders

Temporary exclusion orders: prior permission of the court
3
1
This section applies if the Secretary of State—
a
makes the relevant decisions in relation to an individual, and
b
makes an application to the court for permission to impose a temporary exclusion order on the individual.
2
The function of the court on the application is to determine whether the relevant decisions of the Secretary of State are obviously flawed.
3
The court may consider the application—
a
in the absence of the individual,
b
without the individual having been notified of the application, and
c
without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
4
But that does not limit the matters about which rules of court may be made.
5
In determining the application, the court must apply the principles applicable on an application for judicial review.
6
In a case where the court determines that any of the relevant decisions of the Secretary of State is obviously flawed, the court may not give permission under this section.
7
In any other case, the court must give permission under this section.
8
Schedule 2 makes provision for references to the court etc where temporary exclusion orders are imposed in cases of urgency.
9
Only the Secretary of State may appeal against a determination of the court under—
a
this section, or
b
Schedule 2;
and such an appeal may only be made on a question of law.
10
In this section “the relevant decisions” means the decisions that the following conditions are met—
a
condition A;
b
condition B;
c
condition C;
d
condition D.
Pt. 1 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Counter-Terrorism and Security (Jersey) Order 2017 (S.I. 2017/982), art. 2(a), Sch. 1