The Immigration (Restricted Right of Appeal against Deportation) (Exemption) (No. 2) Order 1988

• Citation: S.I. 1988/1203
• Sections: 3

Section 1

(1) This Order may be cited as the Immigration (Restricted Right of Appeal against Deportation) (Exemption) (No. 2) Order 1988 and shall come into force on 1st August 1988.

(2) The Immigration (Restricted Right of Appeal against Deportation) (Exemption) Order 1988 is hereby revoked.

Section 2

Subject only to article 3 below, the following persons shall be exempt from section 5(1) of the Immigration Act 1988—

(a) any person who claims that his deportation would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol thereto (“the Refugee Convention”); and

(b) any person who would have been last given leave to enter the United Kingdom seven years or more before the date of the decision to make a deportation order against him but for his having obtained a subsequent leave after an absence from the United Kingdom within the period limited for the duration of the earlier leave where, by virtue of section 3(3)(b) of the Immigration Act 1971 , the limitation on and any conditions attached to the earlier leave apply to the subsequent leave.

Section 3

A person who is exempt from section 5(1) by virtue of article 2(a) above may appeal under section 15 of the Immigration Act 1971 against a decision to make a deportation order against him only if the appeal is on the ground that:—

(a) on the facts of his case there is in law no power to make a deportation order for the reasons stated in the notice of the decision; or

(b) his deportation would be contrary to the United Kingdom’s obligations under the Refugee Convention.